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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM LAWS,

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No. 2:17-cv-0525 JAM CKD PS

Plaintiff,
v.
CAROLYN LAWS, et al.,

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ORDER

Defendants.

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Plaintiff improperly served a subpoena to produce documents. ECF No. 9. Under Federal

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Rule of Civil Procedure 45(a)(3), the Clerk of Court must issue a subpoena. An attorney

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authorized to practice in the issuing court may also issue a subpoena. Fed. R. Civ. P. 45(a)(3).

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In this case, plaintiff is proceeding pro se. Plaintiff improperly issued the subpoena.

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Because plaintiff has abused the subpoena process, no further subpoenas will issue in this action

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absent authorization by the court. In addition, there are pending findings and recommendation

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recommending that this action be remanded to state court because plaintiff has failed to establish

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federal question jurisdiction, thus underscoring the impropriety of plaintiff’s actions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The subpoena issued by plaintiff (ECF No. 9) is vacated.

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2. The Clerk of Court is directed to issue no subpoenas in this action absent authorization

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by the court.
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3. The Clerk of Court is directed to serve a copy of this order on the Clerk of the Superior

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Court, 600 Union Avenue, Fairfield, CA 95814.

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Dated: April 14, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 laws0525.subp.vac

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