Caputo v. Kern County Sheriff's Office

Filing 51

ORDER GRANTING Plaintiff's Motion for Issuance of Subpoena Upon Kern County Sheriff's Office By the United States Marshal Without Prepayment of Costs 46 , signed by Magistrate Judge Erica P. Grosjean on 7/6/17: 30-Day Deadline. (Attachments: # 1 AO 88B)(Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BRIAN CAPUTO,

12
13
14
15

Plaintiff,
v.
GONZALEZ, et al.,
Defendants.

16

Case No. 1:15-cv-01008-EPG (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR ISSUANCE OF
SUBPOENA UPON KERN COUNTY
SHERIFF’S OFFICE BY THE UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS
(ECF NO. 46)
THIRTY DAY DEADLINE

17
18

Brian Caputo (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this

19

civil rights action filed pursuant to 42 U.S.C. § 1983.

This case is now proceeding on

20

Plaintiff’s Fourth Amended Complaint (ECF No. 43) “on Plaintiff’s claims for violation of

21

Plaintiff’s Fourteenth Amendment due process rights against Doe Defendant(s), for retaliation

22

in violation of the First Amendment against defendant Gonzalez, and for excessive force in

23

violation of the Fourteenth Amendment against defendant Gonzalez.” (ECF No. 44, p. 9).

24

On May 30, 2017, Plaintiff filed a motion for the issuance of a subpoena upon Kern

25

County Sherriff’s Office. (ECF No. 46). Plaintiff states that he believes that defendant

26

Gonzalez was fired by Kern County Sheriff’s Office, and that he does not have a current

27
28

1

At the time of the incidents alleged in the original Complaint, Plaintiff was detained at Kern
County Jail. He is now incarcerated at the Lompoc U.S. Penitentiary.

1

1

address for defendant Gonzalez. (Id.). Plaintiff asks for the issuance of a subpoena upon the

2

Kern County Sherriff’s Office “for Deputy Gonzalez’s full name and last known address.”

3

(Id.).

4

“A command in a subpoena to produce documents, electronically stored information, or

5

tangible things requires the responding person to permit inspection, copying, testing, or

6

sampling of the materials.” Fed. R. Civ. P. 45(a)(1)(D). “If the subpoena commands the

7

production of documents, electronically stored information, or tangible things or the inspection

8

of premises before trial, then before it is served on the person to whom it is directed, a notice

9

and a copy of the subpoena must be served on each party.” Fed. R. Civ. P. 45(a)(4).

10

Under Rule 26 of the Federal Rules of Civil Procedure, “[p]arties may obtain discovery

11

regarding any non-privileged matter that is relevant to any party's claim or defense and

12

proportional to the needs of the case, considering the importance of the issues at stake in the

13

action, the amount in controversy, the parties’ relative access to relevant information, the

14

parties’ resources, the importance of the discovery in resolving the issues, and whether the

15

burden or expense of the proposed discovery outweighs its likely benefit. Fed. R. Civ. P.

16

26(b)(1). “Information within this scope of discovery need not be admissible in evidence to be

17

discoverable.” Id.

18

Here, Plaintiff is seeking information that will allow him to identify the full name and

19

last known address of one of the defendants in this case. This information is relevant, and the

20

burden and expense of producing documents that contain this information should be minimal.

21

Thus, the Court shall grant Plaintiff’s request and will send him a subpoena duces tecum to

22

complete and return. The Court notes that it may limit the scope of Plaintiff’s document

23

request.

24

Accordingly, based on the foregoing, it is HEREBY ORDERED that:

25

1.

26

2. The Clerk of Court is directed to send Plaintiff a copy of form AO 88B and a copy

27
28

Plaintiff’s request for the issuance of a subpoena is GRANTED;

of form USM-285; and
\\\
2

1

3. Plaintiff has thirty days from the date of service of this order to complete and return

2

form AO 88B and form USM-285.

3
4
5

IT IS SO ORDERED.
Dated:

July 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3