West v. Federal Bureau of Prisons et al

Filing 45

ORDER DIRECTING Service of Subpoena Duces Tecum by United States Marshals Service without Prepayment of Costs signed by Magistrate Judge Gerald B. Cohn on 7/25/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GERALD A. WEST,

CASE NO. 1:09-cv-01277-LJO-GBC (PC)
Plaintiff,

ORDER DIRECTING SERVICE OF
SUBPOENA DUCES TECUM BY UNITED
STATES MARSHALS SERVICE WITHOUT
FEDERAL BUREAU OF PRISONS, et al., PREPAYMENT OF COSTS
v.

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Defendants.
/

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ORDER
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This is a civil rights action filed pursuant to Bivens v. Six Unknown Named Agents
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of Federal Bureau of Narcotics, 403 U.S. 388 (1971), by Plaintiff Gerald A. West, a federal
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prisoner proceeding pro se and in forma pauperis. Pursuant to the Court’s Order filed on
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June 20, 2011, Plaintiff submitted a subpoena duces tecum. Fed. R. Civ. P. 4, 45; 28
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U.S.C. § 1915(d). (ECF No. 38 & 43.)
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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
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States Marshals Service:
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a. One (1) completed and issued subpoena duces tecum to be served on:
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Hector Rios, Warden
USP Atwater
United States Penitentiary
1 Federal Way
Atwater, California 95301

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

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

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of the Federal Rules of Civil Procedure.
3. The Marshals Service is DIRECTED to retain a copy of the subpoena in its file

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for future use.

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

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tecum, along with a copy of this Order, upon the entity and the individual named

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in the subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure and

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28 U.S.C. § 566(c).

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

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

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

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IT IS SO ORDERED.

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Dated:
1j0bbc

July 25, 2011
UNITED STATES MAGISTRATE JUDGE

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