Menefield v. Yates et al

Filing 45

ORDER DENYING 33 , 38 Motion for Issuance of Subpoena Duces Tecum as PREMATURE signed by Magistrate Judge Michael J. Seng on 1/13/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES FREDRICK MENEFIELD,
Plaintiff,

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1:10-cv-2406-MJS (PC)

ORDER DENYING MOTION FOR ISSUANCE
OF SUBPOENA DUCES TECUM AS
PREMATURE

v.

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CASE NO.

JAMES A. YATES, et al.,

(ECF Nos. 33 & 38)

Defendants.

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/

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Plaintiff James Fredrick Menefield (“Plaintiff”) is a state prisoner proceeding pro se
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in this civil rights action pursuant to 42 U.S.C. § 1983. The action is proceeding against
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Defendants based on a number of alleged violations under the First Amendment, the Equal
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Protection Clause of the Fourteenth Amendment, and the Religious Land Use and
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Institutionalized Persons Act. Plaintiff has filed two Motions for Subpoenas. (ECF No. 33
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& 38.)
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Subject to certain requirements set forth herein, Plaintiff is entitled to the issuance
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of a subpoena commanding the production of documents from a non-party, Fed. R. Civ.
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P. 45, and to service of the subpoena by the United States Marshal, 28 U.S.C. 1915(d).
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However, the Court will consider granting such a request only if the documents sought from
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the non-party are not equally available to Plaintiff and are not obtainable from Defendants
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through a request for the production of documents. Fed. R. Civ. P. 34. If Plaintiff wishes
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to make a request for the issuance of a records subpoena, he may file a motion requesting
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the issuance of a subpoena duces tecum that (1) identifies with specificity the documents

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sought and from whom, and (2) makes a showing in the motion that the records are only

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obtainable through that third party.
Accordingly, Plaintiff’s Motions for Subpoenas are DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

January 13, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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