Stevenson v. Beard et al

Filing 60

ORDER Denying Plaintiff's 46 Motion for Approval of Subpoena. Signed by Magistrate Judge Peter C. Lewis on 6/26/2018. (All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEVIE J. STEVENSON,

Case No.: 3:16-cv-03079-JLS-PCL
Plaintiff,

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v.

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ORDER DENYING PLAINTIFF'S
MOTION FOR APPROVAL TO
SUBPOENA

JEFFREY BEARD, Ph.D., et al.,

[Doc. 46]

Defendant.

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Before the Court now is Plaintiff STEVIE J. STEVENSON, having filed a motion

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for approval to direct the U.S. Marshals to serve Defendant Raymond Madden with a

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subpoena. (Doc. 46.) Herein, Plaintiff requests the Court’s permission to have Defendant

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Madden served with a subpoena requesting the “names of the Unidentified Centinela

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State Prison Mailroom staff who worked on specific days when [the alleged] violations

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took place. . . .” (Id. at 1.) Plaintiff states this information will allow him to prepare his

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amended complaint.

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A subpoena is only required where a non-party witness who is not controlled by a

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party is sought out for either a deposition or for the production of documents. Fed. R.

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Civ. Proc. 45; Newell v. County of San Diego, 2013 U.S. Dist. LEXIS 127039 (S.D. Cal.

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Sept. 5, 2013). A subpoena is not the proper vehicle by which to propound such a request

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as Plaintiff’s upon a party. Id.
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3:16-cv-03079-JLS-PCL

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Here, Defendant Madden is clearly a party to the case, specifically a defendant.

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(See Doc. 8 at 3.) Thus, Plaintiff’s request for approval to subpoena must be DENIED.

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However, the Court suggests Plaintiff obtain this information through regular discovery

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procedures as described in Federal Rules of Civil Procedure rule 26 and 34. These

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discovery requests need not be filed with the Court. If Defendant does not comply with

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such requests, the Plaintiff is welcome to file a motion to compel, after following the

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correct procedure as laid out by Federal Rule of Civil Procedure rule 37(a).

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IT IS SO ORDERED.
Dated: June 26, 2018

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3:16-cv-03079-JLS-PCL