Bryant v. Gallagher et al

Filing 56

ORDER DENYING Plaintiff's 55 Motion for Blank Subpoena Duces Tecum signed by Magistrate Judge Barbara A. McAuliffe on 3/14/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN DARNELL BRYANT,

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Plaintiff,

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CASE NO. 1:11-cv-00446-LJO-BAM PC
ORDER DENYING PLAINTIFF’S MOTION FOR
BLANK SUBPOENAS DUCES TECUM

v.
(ECF No. 55)

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GALLAGHER, et al.,
Defendants.
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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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first amended complaint against Defendant Romero for deliberate indifference to serious medical

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needs in violation of the Eighth Amendment; and against Defendants Gallagher and Romero for

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conspiracy, retaliation in violation of the First Amendment and failure to protect in violation of the

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Eighth Amendment. Discovery opened on February 22, 2012. On March 12, 2012, Plaintiff filed

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a motion for two blank subpoenas duces tecum to request documents from non-parties.

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Subject to certain requirements set forth herein, Plaintiff may be entitled to the issuance of

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a subpoena commanding the production of documents from non-parties. Fed. R. Civ. P. 45.

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However, the Court will consider granting such a request only if the documents sought from the non-

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party are discoverable, are not equally available to Plaintiff, and are not obtainable from Defendants

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through a request for production of documents. Fed. R. Civ. P. 45(c); Fed. R. Civ. P. 34.

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Plaintiff is entitled to seek discovery of any nonprivileged matter that is relevant to his

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claims. Fed. R. Civ. P. 26(b)(1). The discovery sought may include information that is not
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admissible as long as it appears reasonably calculated to lead to the discovery of admissible

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evidence. Id. In order to obtain a subpoena duces tecum, Plaintiff must inform the court of the

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purpose of the subpoena. A request for the issuance of a records subpoena requires Plaintiff to: (1)

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identify with specificity the documents sought and from whom, and (2) make a showing that the

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records are only obtainable through that third party.

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Accordingly, Plaintiff’s motion for subpoenas duces tecum, filed March 12, 2012, is
HEREBY DENIED.
IT IS SO ORDERED.
Dated:
cm411

March 14, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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