Avila v. Cate et al

Filing 38

ORDER Directing Personal Service of Subpoenas Duces Tecum by United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 11/28/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PERRY ROBERT AVILA,

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CASE NO. 1:09-cv-00918-LJO-SKO PC

Plaintiff,

ORDER DIRECTING PERSONAL SERVICE
OF SUBPOENAS DUCES TECUM BY
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

v.
MATTHEW CATE, et al.,

(Docs. 35 and 37 )
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Defendants.
/

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Plaintiff Perry Robert Avila, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on May 26, 2009. On October 18, 2011, the

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Court issued an order denying Plaintiff’s motion to compel, but authorizing the issuance of

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subpoenas duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d).

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The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(b)(1),
it is HEREBY ORDERED that:

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1. The Clerk of the Court shall forward the following documents to the USM:

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a. Two (2) completed and issued subpoenas duces tecum to be served on:

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California Department of Corrections and Rehabilitation,
Office of the Secretary
1515 S. St.
Sacramento, CA 95814

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Custodian of Records,
California Correctional Institution
24900 Highway 202
Tehachapi, CA 93561

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b. Two (2) completed USM-285 forms; and

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c. Three (3) copies of this order, one to accompany each subpoena and one for the

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USM;

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2. Within twenty (20) days from the date of this order, the USM is DIRECTED to serve

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the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil

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Procedure;

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3. The USM SHALL effect personal service of the subpoenas duces tecum, along with a

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copy of this order, upon the entities or individuals named in the subpoenas pursuant to

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

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4. Within ten (10) days after personal service is effected, the USM SHALL file the returns

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

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shall be enumerated on the USM-285 forms.

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IT IS SO ORDERED.

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Dated:
i0d3h8

November 28, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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