Sutherland v. Yates et al

Filing 30

ORDER DENYING Plaintiff's 29 Motion for Subpoenas signed by Magistrate Judge Gary S. Austin on 9/29/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM SUTHERLAND,

1:09-cv-02152-LJO-GSA-PC

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Plaintiff,
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ORDER DENYING PLAINTIFF’S MOTION
FOR SUBPOENAS

v.
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JAMES A. YATES, et al.,

(Doc. 29.)

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Defendants.
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William Sutherland (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is presently in

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the discovery phase. On September 26, 2011, Plaintiff filed a motion for the clerk to send him

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four signed but otherwise blank subpoenas duces tecum to serve “upon the parties to which I am

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requesting documents.” (Doc. 29.)

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Plaintiff does not require subpoenas to request documents from parties.1 Pursuant to Rule

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34(a) of the Federal Rules of Civil Procedure, “any party may serve on any other party a request

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within the scope of Rule 26(b) to produce and permit the requesting party . . . to inspect, copy,

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test, or sample [designated documents] in the responding party’s possession, custody or control.”

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Fed. R. Civ. P. 34(a)(1) (emphasis added). Pursuant to the Court’s Discovery/Scheduling Order

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“As provided in Rule 45, a nonparty may be compelled [by subpoena] to produce documents.” Fed. R.
Civ. P. 34(c) (emphasis added).

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issued on September 8, 2011 in this action, “discovery requests must be served at least forty-five

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(45) days before the discovery deadline [of May 8, 2012],” and “[r]esponses to written discovery

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requests shall be due forty-five (45) days after the request is first served to respond.” (Doc. 27 at

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¶¶2, 3.) Therefore, to request documents from a party, Plaintiff only needs to serve a written

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request upon the party pursuant to the Federal Rules and the Court’s order. Such initial requests

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should not be filed with the Court.2 Local Rule 250.3. Accordingly, Plaintiff’s motion for

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subpoenas shall be denied.

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for subpoenas
is DENIED.

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IT IS SO ORDERED.
Dated:
6i0kij

September 29, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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“Requests for production, responses and proofs of service thereof shall not be filed unless and until there is
a proceeding in which the request, response, or proof of service is at issue. W hen required in a proceeding, only that
part of the request for production, response of proof of service that is in issue shall be filed.” L.R. 250.3(c).

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