Paige v. Murry et al

Filing 60

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the Clerk shall issue a subpoena to Renee Todaro, the Medical Administrator at the South Central Correctional Center, 255 W. Highway 32, Licking, MO 65542, and command her to produce a verified copy of all of Lacey Kurt Paiges prison medical file that were created from August 5, 2010 through December 1, 2010, as a result of anyMedical Service Request Forms. The production shall be made by mailing or otherwise delivering documents on or before 30 d ays from the date of the subpoena to Lacey Kurt Paige, #516964, South Central Correctional Center, 255 West Highway 32, Licking, MO 65542. IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoena on Renee Todaro at the address above.. Signed by District Judge Stephen N. Limbaugh, Jr on 5/13/13. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

LACEY PAIGE

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Plaintiff,
vs.
JERRY MURRAY, et al.
Defendants.

Case No. 1:12-cv-40 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to issue subpoenas duces tecum
(#59). Plaintiff brought this 42 U.S.C. § 1983 claim against defendants, alleging that they
violated plaintiff’s Eighth and Fourteenth Amendment rights by threatening his health and safety
with regard to an alleged sewer leak in his cell.
On April 3, 2013, this Court advised plaintiff regarding how he should request subpoenas
to be served on third parties. On May 8, 2013, plaintiff filed his request.
It appears that plaintiff seeks to obtain his medical records from individuals at the
Southeast Correctional Center (“SECC”) and the South Central Correctional Center (“SCCC”).
Plaintiff names one individual who he states has custody and control over his medical records at
the SCCC. However, he states that he wants to issue subpoenas on four individuals who “can be
located at Southeast Correctional Center.” He does not state whether any of those four
individuals at SECC have custody and control over his medical records or why he would need to
subpoena all four of those individuals. The Court will order the Clerk to issue a subpoena to be
served on the individual at SCCC, but the Court denies plaintiff’s requests for the four subpoenas
he seeks to have served on the four individuals (“Ricky Allen, David Kirkman, David Perkins,

and Joe Jones”) at SECC. Plaintiff may resubmit his request to this Court if he can provide the
name of one person or entity on which to serve the subpoena duces tecum or explain the need to
serve more than one individual.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall issue a subpoena to Renee Todaro, the
Medical Administrator at the South Central Correctional Center, 255 W. Highway 32, Licking,
MO 65542, and command her to produce a verified copy of all of Lacey Kurt Paige’s prison
medical file that were created from August 5, 2010 through December 1, 2010, as a result of any
Medical Service Request Forms. The production shall be made by mailing or otherwise
delivering documents on or before 30 days from the date of the subpoena to Lacey Kurt Paige,
#516964, South Central Correctional Center, 255 West Highway 32, Licking, MO 65542.
IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoena
on Renee Todaro at the address above.
Dated this

13th

day of May, 2013.

____________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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