Recino v. Unknown

Filing 47

ORDER DIRECTING Personal Service of Subpoena Duces Tecum by United States Marshal without Prepayment of Costs signed by Magistrate Judge Barbara A. McAuliffe on 9/19/2017. (Sant Agata, S) (Additional attachment(s) added on 9/19/2017: # 1 Subpoena) (Sant Agata, S).

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERTO R. RECINO, 12 Plaintiff, 13 14 v. Case No. 1:15-cv-00362-LJO-BAM (PC) ORDER DIRECTING PERSONAL SERVICE OF SUBPOENA DUCES TECUM BY UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS UNKNOWN, (ECF No. 46) 15 Defendant. 16 Plaintiff Roberto Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 19 Plaintiff’s third amended complaint against two unknown correctional officers for failing to 20 intercede as Plaintiff was beaten by other inmates, and for delaying in obtaining medical 21 treatment for him after the beating, in violation of the Eighth Amendment. On September 13, 2017, the Court issued an order authorizing the issuance of a subpoena 22 23 duces tecum directing the Warden of California State Prison, Corcoran, to produce any and all 24 medical reports relating to Plaintiff, from April 2004 to August 2004. Fed. R. Civ. P. 4, 45; 28 25 U.S.C. § 1915(d). 26 /// 27 /// 28 /// 1 1 2 3 4 The requisite notice having issued, pursuant to Federal Rule of Civil Procedure 45(a)(4), it is HEREBY ORDERED that: 1. The Clerk of the Court shall forward the following documents to the United States Marshal (USM): 5 a. One (1) completed and issued subpoena duces tecum to be served on: 6 Michael Sexton, Acting Warden Corcoran State Prison 4001 King Avenue Corcoran, California 93212 7 8 9 b. One (1) completed USM-285 form; and 10 c. Two (2) copies of this order, one to accompany the subpoena and one for the 11 12 USM; 2. Within twenty (20) days from the date of this order, the USM is DIRECTED to serve the 13 subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil 14 Procedure; 15 3. The USM SHALL effect personal service of the subpoena duces tecum, along with a copy 16 of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the 17 Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and 18 4. Within ten (10) days after personal service is effected, the USM SHALL file the return of 19 service, along with the costs subsequently incurred in effecting service, and said costs 20 shall be enumerated on the USM-285 form. 21 22 23 IT IS SO ORDERED. Dated: /s/ Barbara September 19, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?