Hanna v. Mariposa County Sheriff Dept. et al

Filing 46

ORDER GRANTING Plaintiff's 42 Motion for Issuance of a Subpoena Duces Tecum signed by Magistrate Judge Stanley A. Boone on 10/16/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD CHARLES HANNA,

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Plaintiff,
v.

Case No. 1:12-cv-00501-AWI-SAB
ORDER GRANTING PLAINTIFF’S MOTION
FOR ISSUANCE OF A SUBPOENA DUCES
TECUM

MARIPOSA COUNTY SHERIFF DEPT.
et al.,

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(ECF No. 42, 45)
Defendants.

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Plaintiff Richard Charles Hanna is appearing pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983.

Default has been entered against Defendants

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Mariposa County Sheriff Department, and Deputies Boehm, King, Remeriz, and Rumfelt. (ECF

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No. 39.) On September 30, 2013, Plaintiff filed a motion for a subpoena duces tecum to receive a

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copy of the video of the incident which occurred in the booking area of the Mariposa County Jail

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on April 8, 2011. Plaintiff requested that the video be sent to a third party for his use in moving

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for default judgment against the defendants in this action. (ECF No. 42.)

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On October 1, 2013, an order issued directing Plaintiff to provide the Court with a

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declaration from the designated individual stating that they are willing to accept and be

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responsible for the evidence. (ECF No. 44.) On October 15, 2013, a declaration of Renee Ritter

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was filed stating that she would receive and hold the copy of the video for Plaintiff and release it
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to him upon his release from custody. (ECF No. 45.) The Court shall grant Plaintiff’s motion for

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a subpoena duces tecum and his request that the video be sent to Renee Ritter, P.O. Box 2256,

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Mariposa, CA 95338.

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Pursuant to Federal Rule of Civil Procedure 45(b)(1), this order serves as notice to the

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parties that the United States Marshal will be directed to initiate service of the subpoena

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following the passage of fifteen days from the date of service of this order.1

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s request for a subpoena duces tecum as set forth in the motion, filed
September 30, 2013, is GRANTED;

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2.

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The issuance of a subpoena duces tecum directing the custodian of records for the
Mariposa County Jail to produce a tangible item is authorized; and

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3.

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Pursuant to Rule 45(b)(1), the parties are placed on notice that the subpoenas
duces tecum will be issued fifteen (15) days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:
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October 16, 2013

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UNITED STATES MAGISTRATE JUDGE

The Court will prepare the subpoenas and USM-285 forms.
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