Kunkel v. Dill et al

Filing 111

ORDER Directing Re-Service of Subpoena Duces Tecum by United States Marshals Service without Prepayment of Costs signed by Magistrate Judge Sandra M. Snyder on 06/13/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PATRICK KUNKEL,

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CASE NO. 1:09-cv-00686-LJO-SMS PC
Plaintiff,

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v.

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

N. DILL, et al.,
(ECF No. 85)

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Defendants.

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/

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Plaintiff Patrick Kunkel (“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. On February 2, 2011, Plaintiff filed
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a motion seeking the issuance of five subpoenas duces tecum. (ECF No. 85.) On May 24, 2011, the
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subpoena duces tecum was returned by the University of California, Davis, because they were unable
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to respond without Plaintiff’s date of birth. On May 26, 2011, an order issued directing Plaintiff to
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provide his date of birth so the subpoena could be re-served. On June 10, 2011, Plaintiff submitted
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a response to the order providing his date of birth.
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Accordingly, it is HEREBY ORDERED that:
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1.

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

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Marshals Service so the subpoena can be re-served:
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a.

One (1) completed and issued subpoena duces tecum and Plaintiff’s response

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received June 10, 2011, for:
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U. C. DAVIS MEDICAL CENTER
2315 STOCKTON BLVD.
SACRAMENTO, CALIFORNIA 95817

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b.

One (1) completed USM-285 form; and

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c.

One (1) copy of this order, plus an extra copy for the Marshals Service.

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3.

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

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DIRECTED to re-serve the subpoenas in accordance with the provisions of Rule 45

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of the Federal Rules of Civil Procedure.

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4.

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

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5.

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

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

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6.

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

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

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

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IT IS SO ORDERED.
Dated:
cm411

June 13, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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