McCain v. California Highway Patrol et al

Filing 228

ORDER, ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 3/9/16 ORDERING that Plaintiff shall show cause in writing within 14 days of the date of this order why an order should issue directing the USM to serve plaintiff's subpoen as; The Clerk of the Court shall attach copies of plaintiffs subpoenas to this order when it is served; and the Clerk of the Court shall update plaintiff's address for service to the one appearing on her most recent piece of mail: TerrLyn McCain BOP # 81618-053-65, FCI Victorville Medium II, Satellite Camp, P.O. Box 5300, Adelanto, CA 92301.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRYLYN MCCAIN,

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No. 2:11-cv-01265-KJM-AC

Plaintiff,
v.

ORDER

MANGHAM, et al.,
Defendants.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). Plaintiff has

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submitted a request for service of six subpoenas to produce documents, directed to various

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parties. Plaintiff, however, is not proceeding in forma pauperis in this matter. Accordingly, an

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order directing the U.S. Marshal’s Service (USM) to serve plaintiff’s subpoenas is not appropriate

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at this time. See 28 U.S.C. § 1915(d) (directing the USM to serve documents on behalf of parties

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proceeding in forma pauperis). Parties who are not proceeding in forma pauperis must personally

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serve the third party to whom the subpoena is addressed. Fed. R. Civ. P. 45(b). If plaintiff is

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unable to serve the subpoenas in question herself for financial reasons she must first obtain the

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court’s leave to procced in forma pauperis in this matter. Once the court has granted plaintiff’s

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motion to proceed in forma pauperis, it can consider directing the USM to serve the subpoenas.

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Accordingly, the court will order plaintiff to show cause why an order directing the USM
to serve the subpoenas in question should issue. In response to the court’s order, plaintiff must
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file an application to proceed in forma pauperis in order for a court order directing the

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USM to serve the subpoenas to issue. In addition, plaintiff should explain the relevance of the

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information sought and show that the records are obtainable only through the identified third-

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party. Fed. R. Civ. P. 26, 45.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that:

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1. Plaintiff shall show cause in writing within fourteen (14) days of the date of this order

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why an order should issue directing the USM to serve plaintiff’s subpoenas;
2. The Clerk of the Court shall attach copies of plaintiff’s subpoenas to this order when it
is served; and
3. The Clerk of the Court shall update plaintiff’s address for service to the one appearing
on her most recent piece of mail:
TerrLyn McCain
BOP # 81618-053-65
FCI Victorville Medium II
Satellite Camp
P.O. Box 5300
Adelanto, CA 92301
DATED: March 9, 2016

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