Mario Amador Gonzalez v. Warden Soto et al

Filing 93

ORDER Directing Service of Subpoena by the United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Erica P. Grosjean on 1/31/18. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 MARIO AMADOR GONZALEZ, Plaintiff, 12 13 v. 14 ORDER DIRECTING SERVICE OF SUBPOENA BY THE UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS DR. SCHARFFENBERG and R.N. S. SOTO, 15 Case No. 1:16-cv-01675-DAD-EPG (PC) Defendants. 16 17 18 The Court previously granted Plaintiff’s motion for the issuance of a subpoena upon 19 Mercy Hospital by the United States Marshals Service. (ECF No. 82). Plaintiff has now 20 completed and returned the subpoena and form USM-285.1 21 Accordingly, it is HEREBY ORDERED that: 22 1. The Clerk of the Court shall forward the following documents to the United States 23 Marshals Service: 24 a. One (1) completed and issued subpoena duces tecum; 25 b. One (1) completed USM-285 form; and 26 27 28 1 Plaintiff actually completed and returned two identical subpoenas and two identical form USM-285s. As the subpoenas are identical, and as the Court only authorized one subpoena, the Court will only direct the United States Marshals Service to serve one subpoena. 1 1 c. Two (2) copies of this order, one to accompany the subpoena and one for the 2 3 United States Marshals Service. 2. The Clerk of Court is directed to attach a copy of the completed subpoena duces 4 tecum to this order. 5 3. Within TWENTY (20) DAYS from the date of this order, the United States 6 Marshals Service SHALL effect personal service of the subpoena, along with a copy 7 of this order, upon the entity named in the subpoena pursuant to Rule 45 of the 8 Federal Rules of Civil Procedure and 28 U.S.C. § 566(c). 9 4. The United States Marshals Service is DIRECTED to retain a copy of the subpoena 10 11 in its file for future use. 5. Within TEN (10) DAYS after personal service is effected, the United States 12 Marshals Service SHALL file the return of service. 13 14 15 IT IS SO ORDERED. Dated: January 31, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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