Anderson v. Krpan et al

Filing 54

ORDER Denying Plaintiff's 53 Motion for Civil Subpoena, signed by Magistrate Judge Michael J. Seng on 9/10/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAWN ANDERSON,
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Plaintiff,
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v.
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CHRIS KRPAN, et al.,

CASE NO. 1:14-cv-01380-AWI-MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR CIVIL SUBPOENA
(ECF No. 53)

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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The matter proceeds against

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Defendants Krpan and Forster for medical indifference in violation of the Eighth

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Amendment. (ECF No. 30.) Both Defendants have filed answers to Plaintiff’s complaint.

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(ECF Nos. 40, 41.)

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On August 18, 2017, Plaintiff filed a one-page, hand-written motion asking the

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Court to send him “two sets of signed and stamped subpoena to produce documents.”

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(ECF No. 53.)

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Subject to certain requirements, Plaintiff is entitled to the issuance of a subpoena

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commanding the production of documents or electronically stored information relevant to

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his claim from a nonparty. Fed. R. Civ. P. 34(c), 45. However, the Court will consider

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granting such a request only if the documents or electronically stored information sought
from the nonparty are not equally available to Plaintiff and are not obtainable from
Defendant through a request for production. The Court will not issue a subpoena for a
nonparty individual without Plaintiff first following statutory procedure.
Here, Plaintiff has not shown he followed the statutory procedure. His motion
does not identify what documents he seeks or from whom.
For these reasons, IT IS HEREBY ORDERED that Plaintiff’s motion for civil
subpoena (ECF No. 53) is DENIED.

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IT IS SO ORDERED.

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Dated:

September 10, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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