Thomas v. Garcia et al

Filing 44

ORDER Regarding 42 Request for Subpoena; Defense Counsel's Response Due Within Thirty Days signed by Magistrate Judge Dennis L. Beck on 9/8/2010. Response due by 10/12/2010.(Bradley, A)

(PC) Thomas v. Garcia et al

Doc. 44

1 2 3 EASTERN DISTRICT OF CALIFORNIA 4 5 JEAN-PIERRE K. THOMAS, 6 7 v. (DOC. 42) 8 M. GARCIA, et al., 9 10 11 Plaintiff Jean-Pierre K. Thomas ("Plaintiff") is a prisoner in the custody of the California Defendants. / DEFENSE COUNSEL'S RESPONSE DUE WITHIN THIRTY DAYS Plaintiff, 1:08-CV-00689-OWW-DLB PC ORDER REGARDING REQUEST FOR SUBPOENA

UNITED STATES DISTRICT COURT

12 Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se in this 13 civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants 14 Bonilla and M. Garcia for violation of the Eighth Amendment. Pending before the Court is 15 Plaintiff's motion requesting issuance of a subpoena for Kern Valley State Prison to produce the 16 personal address of Defendant Mario P. Garcia for service of process. 17 Plaintiff is not proceeding in forma pauperis, and thus is not entitled to service of process

18 by the United States Marshal as a matter of law. Plaintiff also did not request service be made by 19 the United States Marshal pursuant to Federal Rule of Civil Procedure 4(c)(3), by which the 20 Court can order the United States Marshal to effect service. While the Court understands there 21 are concerns regarding Defendant Garcia's privacy, Plaintiff is entitled to obtaining Defendant 22 Garcia's address for service of process. 23 For purposes of judicial expediency and efficiency, the Court will require Defendant's

24 counsel to respond to Plaintiff's request for subpoena. If the Office of Legal Affairs for the 25 CDCR would be willing to accept service on behalf of Defendant Garcia, or some other means of 26 service of process is available for Defendant Garcia, then there will be no need for the Court to 27 issue a subpoena in this matter. Otherwise, the Court will issue a subpoena for the production of 28 Defendant's personal address. 1
Dockets.Justia.com

1

Based on the foregoing, the Court HEREBY ORDERS that defense counsel respond to

2 Plaintiff's request for subpoena within thirty (30) days from the date of service of this order. If 3 defense counsel does not respond in a timely manner, the Court will issue the subpoena for the 4 production of Defendant Garcia's personal address. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 IT IS SO ORDERED. Dated: 3b142a

September 8, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE