Atcherley v. Clark et al

Filing 129

ORDER DIRECTING Personal Service of Subpoena Duces Tecum Within Seven Day by United States Marshal Without Prepayment of Costs, signed by Magistrate Judge Dennis L. Beck on 9/29/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILBUR ATCHERLEY,

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Plaintiff,
v.

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CLARK, et al.,

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Defendants.

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Case No.: 1:12cv00225 LJO DLB (PC)
ORDER DIRECTING PERSONAL SERVICE OF
SUBPOENA DUCES TECUM WITHIN SEVEN
DAYS BY UNITED STATES MARSHAL
WITHOUT PREPAYMENT OF COSTS
(Document 120)

Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on Plaintiff’s First

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Amended Complaint, filed on March 14, 2013, for violation of the Eighth Amendment and negligence

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against numerous Defendants. The action is currently in discovery, with a discovery deadline of

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September 29, 2014.

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On September 17, 2014, the Court issued an order authorizing the issuance of a subpoena

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duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d).

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The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(a)(4), it
is HEREBY ORDERED that:

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1.

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

Marshal (USM):

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a.

One (1) completed and issued subpoena duces tecum to be served on:

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San Joaquin Community Hospital
Patient Records
2615 Chester Avenue
Bakersfield, CA 93301

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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;
2.

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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3.

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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4.

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

September 29, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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