Trujillo v. Munoz
ORDER RE: Subpoenas Submitted by Plaintiff signed by Magistrate Judge Erica P. Grosjean on 10/7/2019. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GUILLERMO CRUZ TRUJILLO,
Case No. 1:14-cv-00976-LJO-EPG (PC)
ORDER RE: SUBPOENAS SUBMITTED BY
(ECF NO. 98)
MUNOZ and ALVAREZ,
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
submitted without an accompanying motion. It is not clear why the information is being
requested, and whether it is unavailable from the parties in this case.
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
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).
(ECF No. 86, pgs. 3-4).
Plaintiff failed to make a showing that the documents he is seeking are only available
through third parties, rather than through a request on defendants. Additionally, Plaintiff failed
to provide any explanation regarding the relevance to this case of the documents he is
Accordingly, the Court will not issue the subpoenas. Plaintiff may file a request for
third party subpoenas following the instructions listed above if he wishes to pursue the
IT IS SO ORDERED.
October 7, 2019
UNITED STATES MAGISTRATE JUDGE
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