Porter v. Jennings et al

Filing 61

ORDER Directing Service of Subpoena Duces Tecum by United States Marshal Without Prepayment of Costs signed by Magistrate Judge Dennis L. Beck on 6/8/2012. (Jessen, A)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA
7
8 SAMUEL KENNETH PORTER,

CASE NO. 1:10-cv-01811-AWI-DLB PC

9

ORDER DIRECTING SERVICE OF
SUBPOENA DUCES TECUM BY UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COST

10

Plaintiff,
v.

11 CAPTAIN JENNINGS, et al.,
12

Defendants.
/

13
14

Plaintiff Samuel Kenneth Porter (“Plaintiff”) is a prisoner in the custody of the California

15 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding
17 on Plaintiff’s complaint, filed April 14, 2011, against Defendants Jennings, Lowe, and Darlene
18 Austin for violation of the Eighth Amendment. On April 26, 2012, the Court issued an order
19 granting Plaintiff’s motions for the issuance of a subpoena duces tecum and providing notice to
20 the parties that the Court intended after ten days to issue the subpoenas and direct the United
21 States Marshal to effect personal service. Fed. R. Civ. P. 45; 28 U.S.C. § 1915(d).
22

Accordingly, it is HEREBY ORDERED that:

23 1.

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

24

Service:

25

A.

26
27

One (1) completed and issued subpoena duces tecum to be served on:
Custodian of Records
California State Prison at Corcoran
4001 King Avenue
Corcoran, CA 93212

28
1

1

The Custodian of Records for California State Prison at Corcoran (“CSP-Cor”) is directed

2 to produce the following to Plaintiff within thirty (30) days from the date of service of the
3 subpoena:
4

(1)

All training and instruction manuals given to employees at Corcoran State Prison
in 2008, who were employed as facility captains, secretaries, or correctional
officers for 3A Yard, related to prevention, detection, response, and investigation
of offender sexual assault, pursuant to Department Operations Manual section
54040.4.

(2)

A copy of all supplemental, confidential, or other reports related to crime incident
report # CAL-FDP-09-07-0349 and a copy of all audio and videotapes concerning
crime incident report # CAL-FDP-09-07-0349, regarding the alleged incident at
Corcoran State Prison in 2008.

10

B.

One (1) completed USM-285 form; and

11

C.

Two (2) copies of this order, one to accompany the subpoena, and one for the

5
6
7
8
9

12

United States Marshals Service.

13 2.

Within twenty (20) days from the date of this order, the Marshals Service is directed to

14

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

15

Civil Procedure.

16 3.

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

17 4.

The Marshals Service shall effect personal service of the subpoena duces tecum, along

18

with a copy of this order, upon the entity in the subpoena pursuant to Rule 45 of the

19

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

20 5.

Within ten (10) days after personal service is effected, the Marshals Service shall file the

21

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

22

Costs shall be enumerated on the USM-285 form.

23

IT IS SO ORDERED.

24

Dated:
3b142a

June 8, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2