Garcia v. Juarez

Filing 59

ORDER DIRECTING Service of Subpoena Duces Tecum Upon CDCR by the United States Marshal without Prepayment of Costs signed by Magistrate Judge Erica P. Grosjean on 1/13/2016. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

ROBERTO M. GARCIA, JR.,

11
12
13

Plaintiff,
vs.
MATTHEW M. JUAREZ, JR.,

14

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

Defendant.

15
16

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

17

Garcia, Jr., a state prisoner proceeding pro se and in forma pauperis. On December 8, 2015,

18

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

19

California Department of Corrections and Rehabilitation (CDCR) and providing the requisite

20

notice to the parties that the Court intended, after fifteen days, to issue the subpoena and direct

21

the United States Marshals Service to effect personal service. Fed. R. Civ. P. 4, 45; 28 U.S.C.

22

§ 1915(d). (ECF No. 56.)

23

Accordingly, it is HEREBY ORDERED that:

24

1.

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

25

States Marshals Service:

26

a.

27
28

One (1) completed and issued subpoena duces tecum to be served on:
California Department Of Corrections and Rehabilitation
1515 S Street
Sacramento, CA 95811
1

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
4

the Marshals Service.
2

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

5

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

6

45 of the Federal Rules of Civil Procedure.

7

3.

8
9

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

4.

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

10

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

11

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

12

5.

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

13

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

14

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

15
16
17

IT IS SO ORDERED.
Dated:

January 13, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22

23
24
25
26
27
28
2