Khouanmany v. United States Marshals et al

Filing 42

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/2018 AMENDING the subpoena duces tecum as stated in this order; DIRECTING Clerk of Court to issue the subpoena duces tecum and send the original subpoena duces tecum, along with a copy of t his order, to the U.S. Marshal; DIRECTING the U.S. Marshal to personally serve the subpoena duces tecum and copy of this order, as stated in this order, no later than 2/28/2018; ORDERING the U.S. Marshal to file the returns of service for the nonpar ties with the court, within 10 days after personal service of the subpoena duces tecum is effected; GRANTING 40 Motion for Extension of Time to the extent that Plaintiff to have 90 days from the date of service of this order to file an amended complaint; and DENYING without prejudice 41 Request for Appointment of Counsel. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VILAYCHITH KHOUANMANY,

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No. 2:17-cv-1326-GEB-EFB P

Plaintiff,
v.

ORDER

UNITED STATES MARSHALS, et al.,
Defendants.

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Plaintiff is a federal prisoner proceeding pro se with claims arising under Bivens v. Six

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Unknown Named Agents, 403 U.S. 388 (1971). On December 26, 2017, she submitted a

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completed subpoena duces tecum form pursuant to this court’s November 30, 2017 order. See

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ECF No. 38 (granting plaintiff’s “Motion for Order re Production of Documents” for the purpose

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of identifying the unnamed employees of the U.S. Marshals Service who plaintiff intends to name

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as defendants). The subpoena duces tecum is overbroad in that it seeks the identities of inmates.

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It is also incomplete to the extent that it fails to provide a deadline for the production of the

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requested documents. Accordingly, the reference in the subpoena duces tecum to the “names of

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inmates” will be stricken. In addition, the court will require that the requested documents be

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produced by March 28, 2018. With these amendments, and as set forth below, the U.S. Marshal

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will be directed to serve the subpoena duces tecum on the Custodian of Records at the Eastern

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District of California, U.S. Marshals Service, and the Custodian of Records for the Sacramento

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County Sheriff’s Department.

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Plaintiff also seeks an extension of time to file an amended complaint (ECF No. 40). That

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request will be granted to the extent that plaintiff shall have another 90 days within which to file

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an amended complaint. She also requests the appointment of counsel (ECF No. 41). That request

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will be denied for the reasons stated in previous orders. See, e.g., ECF No. 31.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The subpoena duces tecum submitted by plaintiff on December 26, 2017, is
amended as follows:

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a. The reference to the “names of inmates” is stricken.

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b. The deadline for production of the requested documents is March 28, 2018;

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2.

The Clerk of the Court is directed to issue the subpoena duces tecum provided

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by plaintiff on December 26, 2017, and send the original subpoena duces tecum,

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along with a copy of the instant order, to the U.S. Marshal;

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3.

No later than February 28, 2018, the U.S. Marshal is directed to personally serve

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the subpoena duces tecum and a copy of this order upon the Custodian of

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Records for the Eastern District of California, U.S. Marshals Service, 501 I

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Street, Sacramento, California, 95814, and the Custodian of Records for the

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Sheriff of Sacramento County, 651 I Street, Sacramento, California, 95814,

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pursuant to 28 U.S.C. § 566(c).

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4.

Within ten days after personal service of the subpoena duces tecum is effected,

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the U.S. Marshal shall file the returns of service for the nonparties with the

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court.

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5.

Plaintiff’s motion for an extension of time to file an amended complaint (ECF

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No. 40) is granted to the extent that plaintiff shall have 90 days from the date of

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service of this order to file an amended complaint.

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6.

Plaintiff’s request for the appointment of counsel (ECF No. 41) is denied
without prejudice.

DATED: February 13, 2018.

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