Quiroga v. Cooper et al

Filing 24

ORDER GRANTING 23 Motion for a Subpoena Form, signed by Magistrate Judge Erica P. Grosjean on 09/21/17. (Attachments: # 1 AO 88B Form) (Martin-Gill, S)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 MONICO J. QUIROGA, III, 5 Plaintiff, 6 J. LEWIS, et al., ORDER GRANTING REQUEST FOR A SUBPOENA FORM vs. 7 1:17-cv-00004-DAD-EPG 8 (ECF No. 23) Defendants. 9 10 11 12 13 Monico J. Quiroga, III (“Plaintiff”) has filed a motion to request a subpoena from the Clerk of Court. The Court will GRANT the request insofar as the motion is requesting a blank subpoena form. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 The Clerk is DIRECTED to send the Plaintiff a blank subpoena duces tecum form (AO 88B). The Court provides the following procedural guidance for approval and service of the form: With the Court’s permission, Plaintiff may serve third party subpoenas, including on the California Department of Corrections and Rehabilitation and/or the Office of the Inspector General, if Plaintiff seeks documents from entities that are not presently defendants in this case. To issue a subpoena on these entities, or any other third parties, Plaintiff must file a request for the issuance of a subpoena duces tecum with the Court. If the Court approves the request, it may issue Plaintiff a subpoena duces tecum, commanding the production of documents from a non-party, and may command service of the subpoena by the United States Marshal Service. Fed. R. Civ. P. 45; 28 U.S.C. 1915(d). However, the Court will consider granting such a request only if the documents sought from the non-party are not equally available to Plaintiff and are not obtainable from Defendant(s) through a request for production of documents. Fed. R. Civ. P. 34. In any request for a subpoena, Plaintiff must: (1) identify with specificity the 28 1 1 documents sought and from whom; and (2) make a showing in the request that the records are 2 only obtainable through that third party. The documents requested must also fall within the 3 scope of discovery allowed in this action. See Fed. R. Civ. P. 26(b)(1). 4 Upon receipt of the form: 5 A. Plaintiff shall make any additional required copies of the form (additional blank 6 7 forms will not be provided). B. Plaintiff shall fill out the header, and the following fields: 1) “To:” (Name of person to whom this subpoena is directed) including the 8 9 location of the person or entity to be served; 2) “Production” by checking the box and identifying with specificity the 10 11 documents sought; and 3) “Place:” by providing his own name and address for delivery of the requested 12 13 documents. 14 C. Plaintiff shall leave the remainder of the fields blank (including, but not limited to, 15 “Date and Time:”). The Court will fill in the remainder of the fields, when received 16 and if approved for service. 17 18 19 IT IS SO ORDERED. Dated: September 21, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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