(PC) Arteaga v. West et al

Filing 24

ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/26/2021 ORDERING the 22 subpoena duces tecum submitted by plaintiff on 4/14/2021, is AMENDED in that it shall be directed to CDCR's Office of Legal Affairs at 1515 S Street, Ste. 3 14 South, Sacramento, CA 95811. The Clerk shall serve a copy of this order and plaintiff's subpoena on the U.S. Marshal. Within 14 days, the U.S. Marshal shall personally serve the subpoena duces tecum and a copy of this order upon CDCR's Office of Legal Affairs at 1515 S Street, Ste. 314 South, Sacramento, CA 95811. Within 10 days after personal service of the subpoena duces tecum, the U.S. Marshal shall file the return of service for the nonparties with the court. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE O. ARTEAGA, 12 Plaintiff, 13 v. 14 N. WEST, et al., 15 Case No. 2:20-cv-00752-JDP (PC) ORDER DIRECTING THE U.S. MARSHAL TO SERVE SUBPOENA ON CDCR’S OFFICE OF LEGAL AFFAIRS ECF No. 22 Defendants. 16 17 Plaintiff, a state inmate proceeding without counsel, has filed a civil rights action pursuant 18 to 42 U.S.C. § 1983. The court previously found service of the first amended complaint 19 appropriate against defendants West and John Doe #1. ECF No. 16. Because Doe #1 cannot be 20 served until he or she is identified by name, plaintiff was provided a signed but otherwise blank 21 subpoena form so that he can seek documents from CDCR or other appropriate entity that will 22 reveal the name of Doe #1. See ECF No. 18. 23 Plaintiff has since returned to the court a completed subpoena, which is directed at the 24 CDCR’s Office of Legal Affairs. ECF No. 22. The court observes that the address provided by 25 plaintiff on the subpoena is the address for California State Prison, Sacramento—100 Prison 26 Road, Respa, CA 95671—where plaintiff is confined. That it is not the correct address for 27 CDCR’s Office of Legal Affairs. To assist the U.S. Marshal in effecting service of the subpoena, 28 the court will modify the subpoena to reflect the correct physical address for CDCR’s Office of 1 1 Legal Affairs. With this amendment, the U.S. Marshal will be directed to serve the subpoena 2 duces tecum. 3 Accordingly, it is hereby ORDERED that: 4 1. The subpoena duces tecum submitted by plaintiff on April 14, 2021, is amended in 5 that it shall be directed to CDCR’s Office of Legal Affairs at 1515 S Street, Ste. 314 South, 6 Sacramento, CA 95811. 2. The Clerk of the Court shall serve a copy of this order and plaintiff’s subpoena (ECF 7 8 No. 22) on the U.S. Marshal. 9 3. Within fourteen days from the date of this order, the U.S. Marshal shall personally 10 serve the subpoena duces tecum and a copy of this order upon CDCR’s Office of Legal Affairs at 11 1515 S Street, Ste. 314 South, Sacramento, CA 95811. 12 13 4. Within ten days after personal service of the subpoena duces tecum, the U.S. Marshal shall file the return of service for the nonparties with the court. 14 15 IT IS SO ORDERED. 16 17 18 Dated: April 26, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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