Gentile v. U.S. Federal Marshal

Filing 14

ORDER Granting Plaintiff's 12 Motion for Leave to Serve Third Party Subpoena; ORDER Directing Personal Service of Subpoenas Duces Tecum by United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Dennis L. Beck on 6/24/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND A. GENTILE,

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Plaintiff,

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v.
DOES 1-20, et al.,

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No. 1:15-cv-00943 DLB PC
ORDER GRANTING PLAINTIFF’S MOTION
FOR LEAVE TO SERVE THIRD PARTY
SUBPOENA
(Document 12)

Defendants.

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ORDER DIRECTING PERSONAL SERVICE
OF SUBPOENAS DUCES TECUM BY
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

Plaintiff Raymond A. Gentile (“Plaintiff”), a former federal inmate at the Lerdo Pre-Trial

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Facility, is proceeding in forma pauperis in this action pursuant to Bivens v. Six Unknown Named

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Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for

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violation of civil rights by federal actors. Plaintiff filed his complaint on June 23, 2015.1
On June 16, 2016, Plaintiff filed his Second Amended Complaint. He also filed a motion

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for leave to serve third party subpoenas to discovery the identity of the Doe Defendants who

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made the medical decisions at issue.

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DISCUSSION

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

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commanding the production of documents from a non-party. Fed. R. Civ. P. 45. To obtain such

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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on July 10, 2015.

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relief, Plaintiff must file a motion requesting the issuance of a subpoena duces tecum that identifies

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with specificity the documents sought and from whom.

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Here, Plaintiff has been unable to identify any Defendants. He seeks subpoenas, directed

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to the United States Marshal’s service and Lerdo State Prison, to discover the identifies of the

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individuals involved in denying his medical decision.

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The Court finds that subpoenas in this instance are warranted and therefore GRANTS
Plaintiff’s motion.2

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Accordingly, it is HEREBY ORDERED that:

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1.

The Clerk of the Court shall forward the following documents to the United States

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Marshal:

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a.

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Two (2) completed and issued subpoenas duces tecum to be served on:
United States Marshal Service, Custodian of Records
501 I Street, #5600
Sacramento, California 95814

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Lerdo Pre-Trial Facility, Custodian of Records
17695 Industrial Farm Rd.
Bakersfield, CA 93308

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b.

The United States Marshal and Lerdo Pre-Trial shall provide the following

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information: Plaintiff’s prison records, including his prison medical

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records.

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c.

Two (2) completed USM-285 form; and

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d.

Three (3) copies of this order, one to accompany each subpoena and one

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for the United States Marshal;

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2.

Within twenty (20) days from the date of this order, the United States Marshal is

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DIRECTED to serve the subpoena in accordance with the provisions of Rule 45 of

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the Federal Rules of Civil Procedure;

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3.

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The United States Marshal effect personal service of the subpoenas duces tecum,
along with a copy of this order, upon the entities or individuals named in the

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As there are no named Defendants, the Court need not issue notice pursuant to Federal Rule of Civil Procedure
45(b)(1).

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subpoenas pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28

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U.S.C. § 566(c); and

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Within ten (10) days after personal service is effected, the United States Marshal

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SHALL file the returns of service, along with the costs subsequently incurred in

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effecting service. Said costs shall be enumerated on the USM-285 forms.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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