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).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTO R. RECINO,

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Plaintiff,

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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)

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Defendant.

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Plaintiff Roberto Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s third amended complaint against two unknown correctional officers for failing to

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intercede as Plaintiff was beaten by other inmates, and for delaying in obtaining medical

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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

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duces tecum directing the Warden of California State Prison, Corcoran, to produce any and all

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medical reports relating to Plaintiff, from April 2004 to August 2004. Fed. R. Civ. P. 4, 45; 28

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U.S.C. § 1915(d).

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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):

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a. One (1) completed and issued subpoena duces tecum to be served on:

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Michael Sexton, Acting Warden
Corcoran State Prison
4001 King Avenue
Corcoran, California 93212

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b. One (1) completed USM-285 form; and

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c. Two (2) copies of this order, one to accompany the subpoena and one for the

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USM;
2. Within twenty (20) days from the date of this order, the USM is DIRECTED to serve the

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subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil

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Procedure;

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3. The USM SHALL effect personal service of the subpoena duces tecum, along with a copy

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of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the

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Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and

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4. Within ten (10) days after personal service is effected, the USM SHALL file the return of

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service, along with the costs subsequently incurred in effecting service, and said costs

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shall be enumerated on the USM-285 form.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 19, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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