Esposito v. Hollander et al

Filing 42

ORDER denying 40 the Plaintiff, Ralph H. Esposito, Jr.'s Motion to Issue a Subpoena. Signed by Magistrate Judge Sheri Polster Chappell on 3/18/2010. (LMH)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

RALPH H. ESPOSITO, JR., Plaintiff, -vsRICHARD HOLLANDER; EDWARD MILLER; RUTH SAMELSON, Case No. 2:09-cv-728-FtM-29SPC

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ORDER This matter comes before the Court on the Plaintiff, Ralph H. Esposito, Jr.'s Motion to Issue a Subpoena (Doc. #40) filed on March 8, 2010. The Plaintiff moves the Court to issue a subpoena upon the non-party Jennifer Lee Kranites. Federal Rule of Civil Procedure 45 details the process of issuing subpoenas upon nonparties. The Plaintiff appears to know that a subpoena is issued pursuant to Fed. R. Civ. P. 45, as he attached a copy of the rule to his Motion. However, the Plaintiff's Motion does not comply with Rule 45. The Plaintiff is reminded that despite his pro se status, it is mandatory that he proceed in accordance with the Federal and Local Rules. Loren v Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (holding that even pro se parties must follow procedures). Because the Motion is deficient and not in compliance with the Federal and Local Rules, it is due to be denied. Accordingly, it is now ORDERED:

The Plaintiff, Ralph H. Esposito, Jr.'s Motion to Issue a Subpoena (Doc. #40) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this 18th day of March, 2010.

Copies: All Parties of Record

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