Richard S. Kindred v. Allenby et al

Filing 48

ORDER GRANTING 45 Motion to Quash Subpoena signed by Magistrate Judge Erica P. Grosjean on 6/25/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD SCOTT KINDRED,

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Plaintiff,

Case No. 1:18-cv-00554-DAD-EPG (PC)
ORDER GRANTING MOTION TO QUASH
SUBPOENA ADDRESSED TO CHIEF DAVID
LANDRUM (RET.)

v.
BRANDON PRICE, et al.,

(ECF NO. 45)

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Defendants.

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Plaintiff, Richard Scott Kindred, a civil detainee at the Coalinga State Hospital, is

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proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C.

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§ 1983. Before the Court is Defendant’s motion to quash the subpoena addressed to Chief

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David Landrum (Ret.) (ECF No. 45.) The subpoena commands Chief Landrum, a non-party to

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this action, to appear at 24511 West Jayne Avenue, Coalinga, CA 93210 on May 26, 2020, at

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10:00 a.m. and to bring “Any documents, police reports and/or investigations wherein plaintiff

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is the subject of conversation.” (ECF No. 45-2 at 4.) Plaintiff has not filed an opposition to the

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motion.

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Because the subpoena was issued in violation of the Court’s scheduling order and
Federal Rule of Civil Procedure 45(a)(3), the Court will grant the motion to quash.
The Court’s scheduling order, which sets forth the process that Plaintiff must use to
request a third-party subpoena, states:
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With the Court’s permission, Plaintiff may serve third party subpoenas 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 Marshals Service. Fed. R. Civ. P. 45; 28 U.S.C.
1915(d).
(ECF No. 43 at 3.)
Plaintiff neither requested nor obtained permission for the issuance of a third-party
subpoena. Thus, the subpoena violates the Court’s scheduling order.
Moreover, the subpoena was not issued and signed by the Clerk of Court nor was it
issued and signed by an attorney. Instead, the subpoena was apparently issued by Plaintiff and

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is signed by Plaintiff as “attorney.” The subpoena thus violates Federal Rule of Civil

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Procedure 45, which requires a subpoena to be issued and signed by the clerk of the court or

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by an attorney authorized to practice before the issuing court. Fed. R. Civ. P. 45(a)(3).

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IT IS ORDERED that the motion to quash the subpoena addressed to Chief David
Landrum (Ret.) (ECF No. 45) is GRANTED.

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IT IS SO ORDERED.

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Dated:
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June 25, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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