Sutherland v. Yates et al
ORDER DENYING Plaintiff's 29 Motion for Subpoenas signed by Magistrate Judge Gary S. Austin on 9/29/2011. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DENYING PLAINTIFF’S MOTION
JAMES A. YATES, et al.,
William Sutherland (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is presently in
the discovery phase. On September 26, 2011, Plaintiff filed a motion for the clerk to send him
four signed but otherwise blank subpoenas duces tecum to serve “upon the parties to which I am
requesting documents.” (Doc. 29.)
Plaintiff does not require subpoenas to request documents from parties.1 Pursuant to Rule
34(a) of the Federal Rules of Civil Procedure, “any party may serve on any other party a request
within the scope of Rule 26(b) to produce and permit the requesting party . . . to inspect, copy,
test, or sample [designated documents] in the responding party’s possession, custody or control.”
Fed. R. Civ. P. 34(a)(1) (emphasis added). Pursuant to the Court’s Discovery/Scheduling Order
“As provided in Rule 45, a nonparty may be compelled [by subpoena] to produce documents.” Fed. R.
Civ. P. 34(c) (emphasis added).
issued on September 8, 2011 in this action, “discovery requests must be served at least forty-five
(45) days before the discovery deadline [of May 8, 2012],” and “[r]esponses to written discovery
requests shall be due forty-five (45) days after the request is first served to respond.” (Doc. 27 at
¶¶2, 3.) Therefore, to request documents from a party, Plaintiff only needs to serve a written
request upon the party pursuant to the Federal Rules and the Court’s order. Such initial requests
should not be filed with the Court.2 Local Rule 250.3. Accordingly, Plaintiff’s motion for
subpoenas shall be denied.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for subpoenas
IT IS SO ORDERED.
September 29, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
“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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