Hoffmann v. Lassen Adult Detention Facitity, et al.
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/12/16 DENYING 56 Motion for issuance of subpoenas. (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KASEY F. HOFFMAN,
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Plaintiff,
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No. 2: 15-cv-1558 JAM KJN P
v.
ORDER
LASSEN ADULT DETENTION
FACLITY, et al.,
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s September 22, 2016 motion for
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subpoenas. (ECF No. 56.) For the following reasons, this motion is denied.
In the pending motion, plaintiff requests that the court issue subpoenas to several non-
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parties for the production of various documents. A motion for issuance of a subpoena duces
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tecum should be supported by clear identification of the documents sought and a showing that the
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records are obtainable only through the identified third-party. See, e.g., Davis v. Ramen, 2010
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WL 1948560 at *1 (E.D. Cal. 2010). “The Federal Rules of Civil Procedure were not intended to
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burden a non-party with a duty to suffer excessive or unusual expenses in order to comply with a
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subpoena duces tecum.” Badman v. Stark, 139 F.R.D. 601, 605 (M.D. PA. 1991).
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It appears that several of the documents requested in the pending motion are obtainable
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from defendants Lassen County Jail Commander Jones and Lassen County Sheriff Growden. For
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example, it seems likely that plaintiff could obtain his jail grievance file from defendants. For
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these reasons, plaintiff’s motion for issuance of subpoenas is denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for issuance of
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subpoenas (ECF No. 56) is denied.
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Dated: October 12, 2016
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Hoff1558.sub(2)
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