Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 101

ORDER signed by Magistrate Judge Allison Claire on 4/19/2018 GRANTING 99 Request for Issuance of 6 Subpoenas Duces Tecum and DIRECTING Clerk of Court to immediately issue to Petitioner's counsel 6 subpoenas duces tecum forms, signed by otherwise blank. 6 subpoenas duces tecum forms signed but otherwise blank issued by Clerk and sent to Marylou Elin Hillberg, Law Office of Marylou Hillberg, P.O. Box 1879, Sebastopol, CA 95472. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BENJAMIN T. CARIDAD,

12

No. 2:14-cv-1847 KJM AC P

Petitioner,

13

v.

14

HARRY OREOL,

15

ORDER

Respondent.

16
17

Petitioner, who is represented by appointed counsel, challenges his civil commitment to

18

the Department of State Hospitals under 28 U.S.C. § 2254. An evidentiary hearing on the

19

question of equitable tolling is scheduled for August 20, 2018. Currently pending is petitioner’s

20

timely request for this court’s issuance of six subpoenas duces tecum. See ECF No. 99.

21

Respondent does not object to petitioner’s request. See ECF No. 100. For the reasons that

22

follow, petitioner’s request is granted in full.

23

Pursuant to Rule 45, Federal Rules of Civil Procedure, a subpoena may issue from the

24

court where the action is pending and direct a non-party to the action to produce documents or

25

other tangible things. Reliance on Rule 45 is limited by the relevance standards set forth in Rule

26

26(b)(1) (“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any

27

party’s claim or defense and proportional to the needs of the case[.]”). In addition, this court

28

requires that a motion for issuance of a subpoena duces tecum be supported by: (1) clear

1

identification of the documents sought and from whom, and (2) a showing that the records are

2

obtainable only through the identified third party. See e.g. Davis v. Ramen, 2010 WL 1948560,

3

*1 (E.D. Cal. 2010); Williams v. Adams, 2010 WL 148703, *1 (E.D. Cal. 2010). This court has

4

reviewed petitioner’s requests and finds that each request meets these requirements, and is

5

relevant to petitioner’s claim of equitable tolling based on his serious mental illness and the

6

abandonment of his state counsel.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. Petitioner’s request for issuance of six subpoenas duces tecum, ECF No. 99, is granted

9
10
11

in full; and
2. The Clerk of Court is directed to immediately issue to petitioner’s counsel six (6)
subpoenas duces tecum forms, signed but otherwise blank, pursuant to Fed. R. Civ. P. 45(a)(3).

12

SO ORDERED.

13

DATED: April 19, 2018

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2