Greenblatt v. Patel, et al.

Filing 36

ORDER Directing Personal Service of Subpoena Duces Tecum by United States Marshals Service without Prepayment of Costs signed by Magistrate Judge Sheila K. Oberto on 08/01/2013. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SHAWN PATRICK GREENBLATT, 11 Plaintiff, 12 13 Case No. 1:12-cv-00046-SKO PC ORDER DIRECTING PERSONAL SERVICE OF SUBPOENA DUCES TECUM BY UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS v. DR. I. PATEL, et al., (Docs. 30 and 35) Defendants. 14 15 _____________________________________/ 16 17 Plaintiff Shawn Patrick Greenblatt, at state prisoner proceeding pro se, filed this civil rights 18 action pursuant to 42 U.S.C. § 1983 on January 10, 2012. On July 3, 2013, the Court issued an 19 order authorizing the issuance of a subpoena duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 20 1915(d). 21 The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 22 45(b)(1), it is HEREBY ORDERED that: 23 1. The Clerk of the Court shall forward the following documents to the United States 24 Marshal (USM): 25 26 27 28 a. One (1) completed and issued subpoena duces tecum to be served on: Warden Martin Biter Kern Valley State Prison 3000 W. Cecil Ave. Delano, CA, 93215 1 b. One (1) completed USM-285 form; and 2 c. Two (2) copies of this order, one to accompany the subpoena and one for 3 the USM; 4 2. Within ten (10) days from the date of this order, the USM is DIRECTED to serve 5 the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil 6 Procedure; 7 3. The USM SHALL effect personal service of the subpoena duces tecum, along 8 with a copy of this order, upon the entities or individuals named in the subpoenas pursuant to Rule 9 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and 10 4. Within ten (10) days after personal service is effected, the USM SHALL file the 11 returns of service, along with the costs subsequently incurred in effecting service. Said costs shall 12 be enumerated on the USM-285 forms. 13 14 15 IT IS SO ORDERED. Dated: August 1, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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