Recino v. Unknown
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).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ROBERTO R. RECINO,
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
(ECF No. 46)
Plaintiff Roberto Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
Plaintiff’s third amended complaint against two unknown correctional officers for failing to
intercede as Plaintiff was beaten by other inmates, and for delaying in obtaining medical
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
duces tecum directing the Warden of California State Prison, Corcoran, to produce any and all
medical reports relating to Plaintiff, from April 2004 to August 2004. Fed. R. Civ. P. 4, 45; 28
U.S.C. § 1915(d).
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
a. One (1) completed and issued subpoena duces tecum to be served on:
Michael Sexton, Acting Warden
Corcoran State Prison
4001 King Avenue
Corcoran, California 93212
b. One (1) completed USM-285 form; and
c. Two (2) copies of this order, one to accompany the subpoena and one for the
2. Within twenty (20) days from the date of this order, the USM is DIRECTED to serve the
subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil
3. The USM SHALL effect personal service of the subpoena duces tecum, along with a copy
of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the
Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and
4. Within ten (10) days after personal service is effected, the USM SHALL file the return of
service, along with the costs subsequently incurred in effecting service, and said costs
shall be enumerated on the USM-285 form.
IT IS SO ORDERED.
September 19, 2017
UNITED STATES MAGISTRATE JUDGE
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