Laws v. Laws et al

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/14/17 ORDERING that the 9 subpoena issued by plaintiff is VACATED; the Clerk of Court is directed to issue NO subpoenas in this action absent authorization by the court (cc: Solano County Superior Court). (Benson, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM LAWS, 12 13 14 No. 2:17-cv-0525 JAM CKD PS Plaintiff, v. CAROLYN LAWS, et al., 15 ORDER Defendants. 16 17 Plaintiff improperly served a subpoena to produce documents. ECF No. 9. Under Federal 18 Rule of Civil Procedure 45(a)(3), the Clerk of Court must issue a subpoena. An attorney 19 authorized to practice in the issuing court may also issue a subpoena. Fed. R. Civ. P. 45(a)(3). 20 In this case, plaintiff is proceeding pro se. Plaintiff improperly issued the subpoena. 21 Because plaintiff has abused the subpoena process, no further subpoenas will issue in this action 22 absent authorization by the court. In addition, there are pending findings and recommendation 23 recommending that this action be remanded to state court because plaintiff has failed to establish 24 federal question jurisdiction, thus underscoring the impropriety of plaintiff’s actions. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The subpoena issued by plaintiff (ECF No. 9) is vacated. 27 2. The Clerk of Court is directed to issue no subpoenas in this action absent authorization 28 by the court. 1 1 3. The Clerk of Court is directed to serve a copy of this order on the Clerk of the Superior 2 Court, 600 Union Avenue, Fairfield, CA 95814. 3 Dated: April 14, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 4 laws0525.subp.vac 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?