Moran v. Dovey et al

Filing 105

ORDER signed by Magistrate Judge Gerald B. Cohn on 4/21/2011 directing service of Subpoena Duces Tecum by U.S. Marshal. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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NICOLAS MORAN,

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CASE NO. 1:08-cv-00016-GBC (PC)
Plaintiff,

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

v.
JOHN DOVEY, et al.,

(Docs. 96. 97, and 101)
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Defendants.
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Plaintiff Nicolas Moran (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s second amended complaint, filed on November 18 2008. (Docs. 20, 29, 30).

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On March 23, 2011, the Court granted Plaintiff’s request for the issuance of a subpoena duces

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tecum and forwarded a subpoena to Plaintiff for completion and return within thirty days. On March

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31, 2011, Plaintiff complied with the order and returned the completed subpoenas. In as much as

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Plaintiff provided that the documents be produced, Plaintiff made some errors which included

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attempting to execute service on his own via mail. The subpoena has been modified to direct

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production to the current Litigation Coordinator at Pleasant Valley State Prison to ensure that the

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person in the responsible position is served in the event of employment changes. Further, the Court

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modified the date of production in order to provide sufficient time for the Marshall to effect service

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of the subpoena and for the current Litigation Coordinator at Pleasant Valley State Prison to comply

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with the subpoena after service.

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Therefore, the date of production has been changed by the Court to June 15, 2011, at 3:00
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p.m.

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Accordingly, it is HEREBY ORDERED that:

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1. The Clerk of the Court shall forward the following document to the United States

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Marshal’s Office:

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a. One (1) completed and issued subpoenas duces tecum to be served on:

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Litigation Coordinator for Pleasant Valley State Prison
P.O. Box 8500
Coalinga CA, 93210

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b. One (1) completed USM-285 form for the subpoena; and

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

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Marshals Service.

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2. Within TWENTY (20) DAYS from the date of this order, the Marshals Service is

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

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Federal Rules of Civil Procedure.

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3. The Marshals Service is DIRECTED to retain a copy of the subpoena in its file for future

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use.

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4. The Marshals Service SHALL effect personal service of the subpoena duces tecum,

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along with a copy of this order, upon the entity named in the subpoena pursuant to Rule

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

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5. Within TEN (10) DAYS after personal service is effected, the Marshals Service SHALL

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

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Said costs shall be enumerated on the USM-285 form.

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IT IS SO ORDERED.

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Dated:
0jh02o

April 21, 2011
UNITED STATES MAGISTRATE JUDGE

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