Trujillo v. Munoz

Filing 99

ORDER RE: Subpoenas Submitted by Plaintiff signed by Magistrate Judge Erica P. Grosjean on 10/7/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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Plaintiff,

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Case No. 1:14-cv-00976-LJO-EPG (PC)
ORDER RE: SUBPOENAS SUBMITTED BY
PLAINTIFF

v.
(ECF NO. 98)
MUNOZ and ALVAREZ,
Defendants.

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Guillermo Cruz Trujillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On October 2, 2019, Plaintiff filed two subpoenas. (ECF No. 98). The subpoenas were

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submitted without an accompanying motion. It is not clear why the information is being

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requested, and whether it is unavailable from the parties in this case.

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As the Court told Plaintiff previously:
With the Court’s permission, Plaintiff may serve third party
subpoenas, including on the California Department of
Corrections and Rehabilitation and/or the Office of the Inspector
General, if Plaintiff seeks documents from entities that are not
presently defendants in this case. To issue a subpoena on these
entities, or any other third parties, Plaintiff must file a request for
the issuance of a subpoena duces tecum with the Court. If the
Court approves the request, it may issue Plaintiff a subpoena
duces tecum, commanding the production of documents from a
non-party, and may command service of the subpoena by the
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United States Marshals Service. Fed. R. Civ. P. 45; 28 U.S.C.
1915(d). However, the Court will consider granting such a
request only if the documents sought from the non-party are not
equally available to Plaintiff and are not obtainable from
Defendant(s) through a Rule 34 request for production of
documents. In any request for a subpoena, Plaintiff must: (1)
identify with specificity the documents sought and from whom;
and (2) make a showing in the request that the records are only
obtainable through a third party. The documents requested must
also fall within the scope of discovery allowed in this action. See
Fed. R. Civ. P. 26(b)(1).

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(ECF No. 86, pgs. 3-4).
Plaintiff failed to make a showing that the documents he is seeking are only available

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through third parties, rather than through a request on defendants. Additionally, Plaintiff failed

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to provide any explanation regarding the relevance to this case of the documents he is

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requesting.

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Accordingly, the Court will not issue the subpoenas. Plaintiff may file a request for

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third party subpoenas following the instructions listed above if he wishes to pursue the

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subpoenas.

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IT IS SO ORDERED.
Dated:

October 7, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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