Halliday et al v. Spjute et al

Filing 352

ORDER DENYING 348 Request to Magistrate Judge to Order Clerk to Issue Trial Subpoenas for Pro Per Plaintiff signed by District Judge Anthony W. Ishii on 8/28/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL IOANE, et al,

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Plaintiffs
v.

CASE NO. 1:07-CV-0620 AWI GSA
ORDER RE: REQUEST TO
MAGISTRATE JUDGE TO ORDER
CLERK TO ISSUE TRIAL SUBPOENAS
FOR PRO PER PLAINTIFF

KENT SPJUTE, et al,
Defendants
(Doc. 348)
Michael Ioane has filed a document entitled “Request to Magistrate Judge to Order Clerk

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to Issue Trial Subpoenas for Pro Per Plaintiff.” Doc. 348. In that document, he makes five

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requests: (1) for the court to issue certain subpoenas (both ad testificantum and duces tecum) for

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trial; (2) for the appointment of a single individual from the Internal Revenue Service to accept

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service of process for all federal employee witnesses in this case; (3) for the US Marshal Service

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to serve the subpoenas on all other witnesses in this case; (4) for certain discovery from

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Defendants; and (5) for the US Attorney’s Office to prepare the trial binders.

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The first three items involve requests for the court’s help in issuing and serving subpoenas.

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He states that he can not do it himself “as a result of his imprisonment.” Doc. 348, 1:23-26. While

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Michael Ioane is incarcerated, he is not the only plaintiff in this case. Shelly Ioane is a full

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participant in this case and can arrange for issuance and service of subpoenas. With reference to

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the initial summons, Fed. R. Civ. Proc. 4(c)(3) provides that “At the plaintiff’s request, the court

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may order that service be made by a United States marshal or deputy marshal or by a person

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specially appointed by the court. The court must so order if the plaintiff is authorized to proceed

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in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.” Michael Ioane

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had filed an application to proceed in forma pauperis, but that request was denied. Doc. 11. Fed.

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R. Civ. Proc. 45 discusses the requirements of subpoenas more generally. “Because Rule 45(b)

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requires personal service of a subpoena, directing the United States Marshal’s Office to expend its

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resources serving a subpoena is not regularly granted by this Court.” Troupe v. Loomis, 2015 U.S.

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Dist. LEXIS 104747, *3 (W.D. Wash. Aug. 7, 2015). There is no special circumstance to justify

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Michael Ioane’s requests regarding subpoenas in this case.

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Michael Ioane requests that the US Attorney’s Office “prepare the Exhibit Books because

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Plaintiff is incarcerated and does not have access to 3 Ring Binders with tabs and the ability to

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place Exhibit tags on the exhibits.” Doc. 348, 4:14-18. Exhibits for trial will be discussed at the

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Pretrial Conference and the Pretrial Order will deal with how exhibit binders are to be prepared.

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The remaining discovery disputes raised by Michael Ioane are referred to Magistrate Judge
Gary Austin.
Michael Ioane’s request for special procedures regarding subpoenas is DENIED.

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IT IS SO ORDERED.
Dated: August 28, 2015
SENIOR DISTRICT JUDGE

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