Dasenbrock v. Kings County et al

Filing 103

ORDER DIRECTING Personal Service of Subpoena Duces Tecum Within Seven Days by United States Marshal Without Prepayment of Costs, signed by Magistrate Judge Dennis L. Beck on 11/6/2014. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN DASENBROOK, 12 13 14 Plaintiff, v. A. ENENMOH, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-01884 AWI DLB PC ORDER DIRECTING PERSONAL SERVICE OF SUBPOENA DUCES TECUM WITHIN SEVEN DAYS BY UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS [ECF No. 98] 17 Plaintiff Robin Dasenbrook (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding against 19 Defendants Enenmoh, Page, Perez, and blonde Doe 1 for claims of negligence and deliberate 20 indifference to a serious medical need in violation of the Eighth Amendment. 21 22 23 24 25 26 On October 15, 2014, the Court issued an order authorizing the issuance of a subpoena duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d). The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(a)(4), it is HEREBY ORDERED that: 1. The Clerk of the Court shall forward the following documents to the United States Marshal (USM): 27 28 1 1 a. 2 One (1) completed and issued subpoena duces tecum to be served on: Stu Sherman, Warden CSATF, Corcoran State Prison P.O. Box 5242 Corcoran, CA 93212 3 4 5 b. One (1) completed USM-285 form; and 6 c. Two (2) copies of this order, one to accompany the subpoena and one for the 7 8 9 10 11 USM; 2. Within seven (7) calendar days from the date of this order, the USM is DIRECTED to serve the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil Procedure; 3. The USM SHALL effect personal service of the subpoena duces tecum, along with a 12 copy of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the 13 Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and 14 4. Within ten (10) days after personal service is effected, the USM SHALL file the return 15 of service, along with the costs subsequently incurred in effecting service, and said costs shall be 16 enumerated on the USM-285 form. 17 18 19 20 IT IS SO ORDERED. Dated: /s/ Dennis November 6, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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