Darden v. Spencer et al

Filing 83

ORDER Directing Service of Subpoena Duces Tecum Upon Spencer Medical Group by United States Marshal Without Prepayment of Costs signed by Magistrate Judge Erica P. Grosjean on 7/26/2016. (Jessen, A)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

GERALDINE DARDEN,

11
12
13

Plaintiff,
vs.
TODD SPENCER, et al.,

14

1:12-cv-01001-EPG-PC
ORDER DIRECTING SERVICE OF
SUBPOENA DUCES TECUM UPON
SPENCER MEDICAL GROUP BY THE
UNITED STATES MARSHAL
WITHOUT PREPAYMENT OF COSTS

Defendants.

15
16

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

17

Darden, a state prisoner proceeding pro se and in forma pauperis. On July 8, 2016, the Court

18

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

19

Medical Group, and providing the requisite notice to the parties that the Court intended, after

20

ten days, to issue the subpoena and direct the United States Marshals Service to effect personal

21

service. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d). (ECF No. 78.)

22

Accordingly, it is HEREBY ORDERED that:

23

1.

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

24

States Marshals Service:

25

a.

26

Todd Spencer Radiology Group
1250 E. Almond Ave.
Madera, CA 93637-5606

27
28

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

b.

One (1) completed USM-285 form; and
1

1

c.

2
3

Two (2) copies of this order, one to accompany the subpoena and one for
the Marshals Service.

2

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

4

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

5

45 of the Federal Rules of Civil Procedure.

6

3.

7
8

for future use.
4.

9

The Marshals Service SHALL effect personal service of the subpoena, along
with a copy of this order, upon the entity named in the subpoena pursuant to

10
11

The Marshals Service is DIRECTED to retain a copy of the subpoena in its file

Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).
5.

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

12

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

13

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

14
15
16

IT IS SO ORDERED.
Dated:

July 26, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2