(PC) Stone v. Pfieffer et al

Filing 245

ORDER regarding Return of Subpoenas as Unexecuted 225 , 226 , 230 , 233 , 234 , 236 , 237 signed by Magistrate Judge Stanley A. Boone on 3/12/2025.(Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADAM JAY STONE,

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Plaintiff,

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v.

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ANDERSON, et al.,

No. 1:21-cv-01461-SAB (PC)
ORDER REGARDING RETURN OF
SUBPOENAS AS UNEXECUTED
(ECF Nos. 225, 226, 230, 233, 234, 236, 237)

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Defendants.

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Plaintiff Adam Jay Stone is proceeding pro se in this civil rights action filed pursuant to

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42 U.S.C. § 1983.
On February 27, 2025, the Court ordered the United States Marshal to serve subpoenas on

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the witnesses for which Plaintiff submitted the applicable fees. (ECF Nos. 217, 218.)
On March 7, 2025, the following subpoenas were returned as unexecuted as to witnesses:

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J. Gaddis, Gordon Bowles, E. Moseley, D. Peterson, C. Rojas, B. Sparks, and E. Stark.1 (ECF

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Nos. 225, 226, 230, 233, 234, 236, 237.)

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With regard to J. Gaddis, E. Moseley, D. Peterson, C. Rojas, B. Sparks, and E. Stark, the

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United States Marshal noted these witnesses no longer work at Kern Valley State Prison. (ECF

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Nos. 225, 230, 233, 234, 236, 237.) With regard to Gordon Bowles, the United States Marshal

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The Court notes that the returned subpoenas were all served on Plaintiff at his address of record.

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noted the “House manager advised that subject does not live at residence and has not lived there

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in over a year[.]” (ECF No. 226.)

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As Plaintiff was previously advised, it is his responsibility to correctly identify the witness

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and provide the current address for service of the subpoena. As noted above, the United States

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Marshal was not able to serve witnesses J. Gaddis, Gordon Bowles, E. Moseley, D. Peterson, C.

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Rojas, B. Sparks, E. Stark, because they could not be located at the address provided by Plaintiff.

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Plaintiff is informed that given the short amount of time remaining before the trial date, unless he

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promptly provides a current and correct address for these witnesses, they will not be able to be

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timely served by the United States Marshal.

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IT IS SO ORDERED.
Dated:

March 12, 2025
STANLEY A. BOONE
United States Magistrate Judge

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