(PC) Arteaga v. West et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOSE O. ARTEAGA,
N. WEST, et al.,
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
Plaintiff, a state inmate proceeding without counsel, has filed a civil rights action pursuant
to 42 U.S.C. § 1983. The court previously found service of the first amended complaint
appropriate against defendants West and John Doe #1. ECF No. 16. Because Doe #1 cannot be
served until he or she is identified by name, plaintiff was provided a signed but otherwise blank
subpoena form so that he can seek documents from CDCR or other appropriate entity that will
reveal the name of Doe #1. See ECF No. 18.
Plaintiff has since returned to the court a completed subpoena, which is directed at the
CDCR’s Office of Legal Affairs. ECF No. 22. The court observes that the address provided by
plaintiff on the subpoena is the address for California State Prison, Sacramento—100 Prison
Road, Respa, CA 95671—where plaintiff is confined. That it is not the correct address for
CDCR’s Office of Legal Affairs. To assist the U.S. Marshal in effecting service of the subpoena,
the court will modify the subpoena to reflect the correct physical address for CDCR’s Office of
Legal Affairs. With this amendment, the U.S. Marshal will be directed to serve the subpoena
Accordingly, it is hereby ORDERED that:
1. The subpoena duces tecum submitted by plaintiff on April 14, 2021, is amended in
that it shall be directed to CDCR’s Office of Legal Affairs at 1515 S Street, Ste. 314 South,
Sacramento, CA 95811.
2. The Clerk of the Court shall serve a copy of this order and plaintiff’s subpoena (ECF
No. 22) on the U.S. Marshal.
3. Within fourteen days from the date of this order, 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.
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.
IT IS SO ORDERED.
April 26, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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