Sanders v. Cowell et al

Filing 49

ORDER DENYING 42 Motion for Recruitment of Counsel; DENYING AS MOOT 46 Motion to Amend/Correct; GRANTING IN PART 47 Motion for Subpoenas. Clerk Directed to provide Plaintiff blank subpoenas. Signed by Magistrate Judge Donald G. Wilkerson on 10/29/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JASON SANDERS,
Plaintiff,
v.
TODD W.
BIRKNER,

COWELL

and

Defendants.

)
)
)
)
)
)
NATHAN )
)
)
)

Case No. 3:13-cv-258-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court on the (Fourth) Motion for Recruitment of Counsel (Doc.
42), the Motion to Amend/Correct Complaint (Doc. 46), and the Motion for Subpoenas (Doc. 47),
filed by Plaintiff, Jason Sanders.
This Court has twice denied Plaintiff’s request for recruitment of counsel (two motions
were combined) because Plaintiff appears competent to try this matter without the assistance of
counsel. Plaintiff again seeks recruitment of counsel. The Motion is DENIED for the reasons
set forth in previous Orders.
The Motion to Amend is DENIED AS MOOT. Plaintiff’s Amended Complaint (which
is identical to the proposed Amended Complaint) has been filed on September 25, 2013 (Doc. 37).
The Motion for Subpoenas is GRANTED IN PART. The Clerk must issue subpoenas on
request of a party. FED.R.CIV.P. 45(a)(3). However, the Court has an obligation to protect
persons subject to a subpoena and may preview subpoenas in order to ensure that the Court’s
subpoena power is not being abused. FED.R.CIV.P. 26(b)(2)(C), 45(c); Marozsan v. United
States, 90 F.3d 1284, 1290 (7th Cir. 1996). The Clerk is therefore DIRECTED to provide

Plaintiff with the requested number (8) of subpoena forms, blank and unsigned. Plaintiff shall
complete the forms and submit them to the Court for review. Plaintiff shall take appropriate steps
to avoid imposing undue burden or expense on a person subject to subpoena and shall restrict his
requests to information that is relevant to the claims or defenses.
IT IS SO ORDERED.
DATED: October 29, 2013
DONALD G. WILKERSON
United States Magistrate Judge

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