Pulliam v. Lozano et al

Filing 71

ORDER Directing Service Of Subpoena Duces Tecum By United States Marshal Without Prepayment Of Cost (ECF No. 68 ), signed by Magistrate Judge Michael J. Seng on 10/11/2011. (Service of Subpoena Duces Tecum Deadline: 11/7/2011) (Fahrney, E)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA
7
8 JOSEPH R. PULLIAM,

CASE NO. 1:07-cv-964-LJO-MJS (PC)

Plaintiff,

9

ORDER DIRECTING SERVICE OF
SUBPOENA DUCES TECUM BY UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COST

v.

10

11 M. LOZANO, et al.,
(ECF No. 68)
Defendants.

12
13
14

/
15
16
Plaintiff Joseph R. Pulliam (“Plaintiff”) is a prisoner in the custody of the
17
California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is
18
proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C.
19
§ 1983. The action proceeds on Plaintiff’s First Amended Complaint, filed February 2,
20
2009, against Defendants Lozano and Mason for Eighth Amendment violations. (ECF
21
No. 23.)
22
On September 14, 2011, the Court issued an Order granting, in part, Plaintiff’s
23
Motion for a Subpoena Duces Tecum, and provided notice to the parties that the Court
24
intended after fifteen days to issue the subpoena and direct the United States Marshal
25
to effect personal service. (ECF No. 68); Fed. R. Civ. P. 45; 28 U.S.C. § 1915(d).
26
Accordingly, it is HEREBY ORDERED that:
27
1.

The Clerk of Court shall forward the following documents to the United States

28
-1-

1

Marshals Service:

2

A.

One (1) completed and issued subpoena duces tecum to be served on:
Kelly Harrington, Warden
Kern Valley State Prison
3000 West Cecil Avenue
Delano, CA 93216

3
4
5
6

The Warden of Kern Valley State Prison is directed to produce the following

7 within thirty (30) days from the date of service of the subpoena:
(1)

CDCR 115 Rules Violation Report, and CDCR 837C Incident/Staff Report,
written by Defendant M. Lozano.

(2)

CDCR 837C Incident/Staff Report, written by Defendant L. Mason.

(3)

CDCR 837C Incident/Staff Report, written by Corrections Officer W.
Gomez, Badge No. 69326.

(4)

CDCR 837C Incident/Staff Report, written by Corrections Officer N.
Correa, Badge No. 60440.

(5)

CDCR 837C Inceident/Staff Report, written by Corrections Officer C. Rios,
Badge No. 66383. Apprise

(6)

CDCR 837C Incident/Staff Report, written by Corrections Officer S.
Stinnett, Badge No. 69373.

(7)

CDCR 837C Incident/Staff Report, written by L. Lozano, Badge No.
63710.

(8)

CDCR 837-A1 Incident/Staff Report Supplement, written by Corrections
Lieutenant F. J. Reynoso, Badge No. 49846.

(9)

CDCR 3014 Report of Findings - Inmate Interview, Including, Audio/Video
Disc, processed by prison officials as “evidence,” interview conducted by
Corrections Sergeant J. Peacock, Badge No. 67291; Video Recorder
Operated by Corrections Officer L. Lozano, Badge No. 63710.

(10)

CDCR 115 Rules Violation Report - Part C, Investigative Employee
Report, written by Corrections Officer T. Reyna, Badge No. Not Available.

(11)

CDCR 7219 Medical Report of Injury, for Plaintiff Joseph R. Pulliam,
CDCR No. D24735.

25

B.

One (1) completed USM-285 form; and

26

C.

Two (2) copies of this order, one to accompany the subpoena, and one for

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

27
28 2.

the United States Marshals Service.
Within twenty (20) days from the date of this order, the Marshals Service is
-2-

1

directed to serve the subpoena in accordance with the provisions of Rule 45 of

2

the Federal Rules of Civil Procedure.

3 3.

The Marshals Service is directed to retain a copy of the subpoena in its file for

4

future use.

5 4.

The Marshals Service SHALL effect personal service of the subpoena duces

6

tecum, along with a copy of this order, upon the entity in the subpoena pursuant

7

to Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).

8 5.

Within ten (10) days after personal service is effected, the Marshals Service shall

9

file the return of service, along with the costs subsequently incurred in effecting

10

service. Said Costs shall be enumerated on the USM-285 form.

11
12
13 IT IS SO ORDERED.
14 Dated:
ci4d6
15

October 11, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-