Bryant v. Romero et al

Filing 113

ORDER DIRECTING Personal Service of Subpoenas Duces Tecum Within Seven Days by United State Marshal Without Prepayment of Costs, signed by Magistrate Judge Dennis L. Beck on 6/24/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN D. BRYANT,

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Plaintiff,
v.
R. ROMERO, et al.,

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Defendants.

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Case No.: 1:12-cv-02074 DAD DLB PC
ORDER DIRECTING PERSONAL SERVICE OF
SUBPOENAS DUCES TECUM WITHIN SEVEN
DAYS BY UNITED STATES MARSHAL
WITHOUT PREPAYMENT OF COSTS
[ECF No. 107]

Plaintiff Kevin D. Bryant (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 28 U.S.C. § 1983. This action is proceeding against Defendants Waddle and

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Castellanos for violating Plaintiff’s First Amendment rights by retaliating against him.

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On June 3, 2016, the Court issued an order authorizing the issuance of a subpoena duces
tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d).
The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(a)(4), it
is HEREBY ORDERED that:

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1.

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Marshal (USM):

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

a.

Two (2) completed and issued subpoenas duces tecum to be served on:

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Christian Pfeiffer
Warden of Kern Valley State Prison
3000 West Cecil Avenue
Delano, CA 93216

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b.
c.

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Two (2) completed USM-285 forms; and
Four (4) copies of this order, two to accompany the subpoenas and two for the

USM;
2.

Within seven (7) calendar days from the date of this order, the USM is DIRECTED to

serve the subpoenas in accordance with the provisions of Rule 45 of the Federal Rules of Civil
Procedure;
3.

The USM SHALL effect personal service of the subpoena duces tecum, along with a

copy of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the
Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and
4.

Within ten (10) days after personal service is effected, the USM SHALL file the returns

of service, along with the costs subsequently incurred in effecting service, and said costs shall be
enumerated on the USM-285 form.
IT IS SO ORDERED.
Dated:

/s/ Dennis

June 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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AO88 (Rev. 12/07) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
Eastern District of California
__________ District of __________
KEVIN D. BRYANT

SUBPOENA IN A CIVIL CASE

V.
R. ROMERO, et al.

Case Number:1 1:12-cv-02074 DAD DLB PC

TO: Christian Pfeiffer,
Warden of Kern Valley State Prison
3000 West Cecil Avenue
Delano, CA 93216

G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE OF TESTIMONY

COURTROOM

DATE AND TIME

G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

DATE AND TIME

✔
G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the

place, date, and time specified below (list documents or objects):
SEE ATTACHMENT #1

PLACE

DATE AND TIME

G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the
matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).
ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

DATE

6/27/2016
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER

C. Marrujo, U.S.D.C. 2500 Tulare Street, Suite 1501, Fresno, CA 93721 [phone]
(See Federal Rule of Civil Procedure 45 (c), (d), and (e), on next page)

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If action is pending in district other than district of issuance, state district under case number.

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Attachment 1
You are commanded to produce and permit inspection and copying of the following
documents, including but not limited to documents which are retained in paper, electronically
stored, preserved in microfiche, etc.
No. 1: Produce any and all records, reports, and recorded interviews of internal investigations
conducted by the CDCR concerning allegations that Defendant E. Castellanos and/or Defendant
Constance Waddle had, or attempted to have, an inmate assaulted by other inmates.

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AO88 (Rev. 12/07) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
Eastern District of California
__________ District of __________
KEVIN D. BRYANT

SUBPOENA IN A CIVIL CASE

V.
R. ROMERO, et al.

Case Number:1 1:12-cv-02074 DAD DLB PC

TO: Christian Pfeiffer,
Warden of Kern Valley State Prison
3000 West Cecil Avenue
Delano, CA 93216

G YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to
testify in the above case.
PLACE OF TESTIMONY

COURTROOM

DATE AND TIME

G YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.
PLACE OF DEPOSITION

DATE AND TIME

✔
G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the

place, date, and time specified below (list documents or objects):
SEE ATTACHMENT #2

PLACE

DATE AND TIME

G YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
PREMISES

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the
matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).
ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

DATE

6/27/2016
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER

C. Marrujo, U.S.D.C. 2500 Tulare Street, Suite 1501, Fresno, CA 93721 [phone]
(See Federal Rule of Civil Procedure 45 (c), (d), and (e), on next page)

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If action is pending in district other than district of issuance, state district under case number.

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Attachment 2

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You are commanded to produce and permit inspection and copying of the following
documents, including but not limited to documents which are retained in paper, electronically
stored, preserved in microfiche, etc.

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No. 1: Produce any and all records, reports, and recorded interviews of investigations conducted by
the CDCR concerning Plaintiff’s allegations of staff misconduct of Correctional Officers Patrick
Gallagher and Ramon R. Romero with respect to the June 8, 2010, assault on Plaintiff.

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