Lilly v. Hartley et al

Filing 32

MINUTE ORDER denying 30 Plaintiff's "Petition for a Writ of Duces Tecum on the Above Defendants," by Magistrate Judge Michael E. Hegarty on 5/23/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02738-REB-MEH
CURTIS L. LILLY,
Plaintiff,
v.
MR. JASON FASSLER, Correctional Officer, Fremont Correctional Facility, and
MR. ROBERT BEAUMONT, Correction Officer, Fremont Correctional Facility,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 23, 2011.
Plaintiff’s “Petition for a Writ of Duces Tecum on the Above Defendants” [filed May 19,
2011; docket #30] is denied. In his motion, Plaintiff appears to seek the issuance of a subpoena
duces tecum upon the Defendants requiring their production of certain documents at the upcoming
Scheduling Conference. However, this type of subpoena is issued only upon third parties to the
litigation pursuant to Fed. R. Civ. P. 45. Any requests for production of documents from a party to
the litigation may occur through the discovery process. See Fed. R. Civ. P. 34. At the June 14, 2011
Scheduling Conference, the Court will assist the parties in setting a schedule for the discovery
process in this case.