Belyew v. Duch et al

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/18/20 DENYING 28 , 29 , 30 plaintiff's requests for service of subpoenas. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 2:17-cv-1213-JAM-EFB P

LISA BELYEW,

ORDER

v.
DUCH, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. She requests that the court order the U.S. Marshal to serve subpoenas on non-

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parties Sally Anderson of the California Legal Information Center and the Custodian of Records

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for the Butte County Jail. ECF Nos. 28, 29, 30. As stated below, the request is denied.
The court will not order service of a subpoena unless plaintiff shows that she has taken

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steps to avoid imposing an undue burden or expense on the person or entity subject to the

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subpoena. See Austin v. Winett, 1:04-cv-05104-DLB PC, 2008 U.S. Dist. LEXIS 103279, at *2

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(E.D. Cal. Dec. 11, 2008) (“[d]irecting the Marshal’s Office to expend its resources personally

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serving a subpoena is not taken lightly by the court.”); 28 U.S.C. § 1915(d). Unless plaintiff

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shows that the requested files/documents are not obtainable from a defendant through a properly-

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served request for production, her request for service of the subpoenas must be denied.

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Accordingly, it is HEREBY ORDERED that plaintiff’s request for service of subpoenas

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(ECF Nos. 28-30) is denied.

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DATED: March 18, 2020.

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