Garcia v. Juarez

Filing 54

ORDER DIRECTING Service of Subpoena Duces Tecum by the United States Marshal without Prepayment of Cost, signed by Magistrate Judge Erica P. Grosjean on 12/4/2015. (20-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO M. GARCIA, JR.,

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Plaintiff,
vs.

1:12-cv-00750-AWI-EPG (PC)
ORDER DIRECTING SERVICE OF
SUBPOENA DUCES TECUM BY THE
UNITED STATES MARSHAL
WITHOUT PREPAYMENT OF COSTS

MATTHEW M. JUAREZ, JR.,

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Defendant.

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Roberto M.

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Garcia, Jr., a state prisoner proceeding pro se and in forma pauperis. On November 17, 2015,

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the Court issued an order granting Plaintiff’s motion for the issuance of a subpoena and

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providing the requisite notice to the parties that the Court intended, after fifteen days, to issue

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the subpoena and direct the United States Marshals Service to effect personal service. Fed. R.

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Civ. P. 4, 45; 28 U.S.C. § 1915(d). (ECF No. 51.)

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Accordingly, it is HEREBY ORDERED that:

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1.

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

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States Marshals Service:

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a.

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One (1) completed and issued subpoena duces tecum to be served on:
AGENT M. DUNLOP
Office of Internal Affairs
5016 California Ave.
Bakersfield, CA 93309
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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

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the Marshals Service.
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Within TWENTY (20) DAYS from the date of this order, the Marshals Service

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is DIRECTED to serve the subpoena in accordance with the provisions of Rule

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45 of the Federal Rules of Civil Procedure.

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3.

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The Marshals Service is DIRECTED to retain a copy of the subpoena in its file
for future use.

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The Marshals Service SHALL effect personal service of the subpoena, along

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with a copy of this order, upon the entity named in the subpoena pursuant to

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Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).

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5.

Within TEN (10) DAYS after personal service is effected, the Marshals Service

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SHALL file the return of service, along with the costs subsequently incurred in

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effecting service. Said costs shall be enumerated on the USM-285 form.

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IT IS SO ORDERED.
Dated:

December 4, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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