Merritte v. Kessell et al

Filing 225

MEMORANDUM AND ORDER, Plaintiffs Pro Se Objection (Doc. 213) to Magistrate Judges Order (Doc. 212) is DENIED as moot. Signed by Judge J. Phil Gilbert on 10/6/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CALVIN MERRITTE, # R-53322,

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Plaintiff,
vs.
C/O KESSELL, et. al.,
Defendants.

Case No. 12-cv-00263-JPG-PMF

MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff’s Pro Se Objection (Doc. 213) to Magistrate
Judge’s Order (Doc. 212) denying Plaintiff’s Motion to Issue Subpoena (Doc. 211) as the Plaintiff sought
production of documents outside the 100 mile limit set forth at Rule 45(c)(2)(A) of the Federal Rules of
Civil Procedure.
As stated in Magistrate Judge Frazier’s Order: “Although attorneys may issue subpoenas on their
own, pro se litigants must have their subpoenas issued through the Court Clerk. Fed.R.Civ.P. 45(a)(3).”
At the time Plaintiff filed his Motion to Issue Subpoenas and his Objection to the denial of his motion, he
was pro se. Subsequently, Plaintiff has been appointed counsel and his attorney may issue subpoenas he
believes necessary without approval of the Court.
As such, Plaintiff’s Pro Se Objection (Doc. 213) to Magistrate Judge’s Order (Doc. 212) is
DENIED as moot.

IT IS SO ORDERED.
DATED: 10/6/2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE