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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?