Dasenbrock v. Kings County et al

Filing 124

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 5/28/15. (Attachments: # 1 Issued Subpoena) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN DASENBROOK,

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Plaintiff,
v.

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A. ENENMOH, et al.,

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Defendants.

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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. 122]

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Plaintiff Robin Dasenbrook (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding against

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Defendants Enenmoh, Page, Perez, and blonde Doe 1 for claims of negligence and deliberate

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indifference to a serious medical need in violation of the Eighth Amendment.

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On April 24, 2015, the Court issued an order authorizing the issuance of a subpoena duces

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tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d). The requisite notice having been issued pursuant

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to Federal Rule of Civil Procedure 45(a)(4)1, it is HEREBY ORDERED that:

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1.

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The Court notes that on May 11, 2015, the CSATF Litigation Coordinator responded to the Court’s
notice by submitting an affidavit and copy of the log book entry for January 2, 2010. However, the
Subpoena Duces Tecum was not issued; only a copy was noticed to Defendants pursuant to Fed. R.
Civ. P. 4, 45. Therefore, the Clerk of Court will be directed to return Defendants submission.
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to Defendants.

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The Clerk of the Court is directed to return Defendants’ submission of May 11, 2015,

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2.

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

Marshal (USM):

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a.

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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

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b.

One (1) completed USM-285 form; and

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c.

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

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USM;
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Within seven (7) calendar days from the date of this order, the USM is DIRECTED to

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

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Procedure;

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4.

The USM SHALL effect personal service of the subpoena duces tecum, along with a

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copy of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the

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

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5.

Within ten (10) days after personal service is effected, the USM SHALL file the return

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of service, along with the costs subsequently incurred in effecting service, and said costs shall be

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enumerated on the USM-285 form.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 28, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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