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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GUILLERMO CRUZ TRUJILLO, 11 Plaintiff, 12 13 14 Case No. 1:14-cv-00976-LJO-EPG (PC) ORDER RE: SUBPOENAS SUBMITTED BY PLAINTIFF v. (ECF NO. 98) MUNOZ and ALVAREZ, Defendants. 15 16 17 18 19 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 20 submitted without an accompanying motion. It is not clear why the information is being 21 requested, and whether it is unavailable from the parties in this case. 22 23 24 25 26 27 28 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 1 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). 1 2 3 4 5 6 7 8 9 (ECF No. 86, pgs. 3-4). Plaintiff failed to make a showing that the documents he is seeking are only available 10 through third parties, rather than through a request on defendants. Additionally, Plaintiff failed 11 to provide any explanation regarding the relevance to this case of the documents he is 12 requesting. 13 Accordingly, the Court will not issue the subpoenas. Plaintiff may file a request for 14 third party subpoenas following the instructions listed above if he wishes to pursue the 15 subpoenas. 16 17 18 IT IS SO ORDERED. Dated: October 7, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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