Doye v. Colvin et al

Filing 141

ORDER denying 139 Motion. Signed by Magistrate Judge G. R. Smith on 7/12/2011. (loh)

IL.
UNITED STATES DISTRICT COURT
8:5
?Rfl iJ 3
SOUTHERN DISTRICT OF (EO4RGIft/
SAVANNAH DWrd L/

' ...

NOEL ROMERO DOYE,
Plaintiff,
V.

Case No. CV408-174

JASON COLVIN, Sheriffs Deputy,
CAPTAIN BRUCE DUNCAN,

Assistant Administrator;
LIEUTENANT LISA BOYD; and

DOUG FRANKS, Jail Administrator,
Defendants.

ORDER
Civil rights plaintiff Noel Romero Doye moves for the issuance of a
subpoena duces tecun requiring defendants "to bring to trial and/or the
pre-trial conference cpies of the witness statements of every inmate
witness who wrote of" the facts alleged in the complaint. (Doe. 139.)
Additionally, be seeks "the surveillance video footage that captured the
onslaught as it unfolded from beginning to end on the same said morning
of incident." (Id.) The motion is DENIED. As the Court already advised
Doye, "[tihe issuance of subpoenas to incarcerated litigants is prohibited
in this district. In re Subpoenas, MC496-6, doe. 1 (S.D. Ga. Jan. 16, 1996)

(standing order); see Sterling v. Gaines, No. CV603-008, doe. 21 (S.D. Ga.
Sep. 8, 2003)." (Doc. 47 at 2.) Also, defendants assert that they do not
possess any inmate witness statements or surveillance video footage.
(Doc. 140.) As they orrect1y point out, they cannot be compelled to
produce evidence that does not exist.
7?,

SO ORDERED this / day of July, 2011.
UNITED SWE9 MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA

2