Nelson v. Smith et al

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 1/12/2018 DENYING without prejudice plaintiff's 13 request for subpoena forms. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH J. NELSON,

12

No. 2:17-cv-1722 KJN P

Plaintiff,

13

v.

14

C. SMITH, et al.,

15

ORDER

Defendants.

16
17

Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff filed a

18

request for eight subpoena forms, but did not identify the purpose of the subpoenas requested or

19

identify to whom the subpoenas will be directed. Because plaintiff is proceeding in forma

20

pauperis, certain subpoenas require review by the court before directing the United States

21

Marshal to serve the subpoena. In addition, no hearing has been set in this matter; indeed, no

22

defendants have yet been served with process or filed an appearance in this action. Thus,

23

plaintiff’s request is also premature.

24

Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for subpoena forms

25

(ECF No. 13) is denied without prejudice.

26

Dated: January 12, 2018

27
/nels1722.subp

28
1