Majstoric v. Sacramento County Sheriff's Department et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 6/14/12 DENYING 25 Motion for subpoena. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

BRANKO MAJSTORIC,

11
12

Plaintiff,

No. 2:11-cv-2006 KJN P

vs.

13

DEPUTY HOMEN, et al.,

14

Defendants.

15
16

ORDER
/

Plaintiff, presently held in the Sacramento County Jail, is proceeding in forma

17

pauperis and without counsel. Plaintiff seeks to subpoena preliminary hearing transcripts from

18

case numbers 09561612 and 1294266. It appears plaintiff seeks to obtain transcripts from

19

hearings held on plaintiff’s charges brought in Sacramento County Superior Court. Plaintiff is

20

advised that preliminary hearing transcripts are prepared by certified court reporters and therefore

21

are not obtained by way of subpoena. If plaintiff was represented by counsel at the preliminary

22

hearing, it is likely that plaintiff’s defense counsel has a copy of the preliminary hearing

23

transcript, and plaintiff may obtain a copy of the transcript from counsel. However, if plaintiff

24

did not have counsel, or counsel does not have a copy of the transcript, plaintiff must contact the

25

court reporter’s office at the Sacramento County Superior Court, 720 Ninth Street, Sacramento,

26

California, and provide the date of the preliminary hearing, the department in which the
1

1

preliminary hearing was held, and the court case number (and plaintiff may have to pay for the

2

transcript) . Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for subpoena (dkt.

3

no. 25) is denied.

4

DATED: June 14, 2012

5
6

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

7
8

majs2006.sub

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2