Hestdalen v. Corrizon Corrections Healthcare et al

Filing 192

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Danny D. Hestdalen's Request for Subpoena Duces Tecum Forms and Instructions, (Doc. 180 ), is DENIED. Signed by District Judge John A. Ross on 4/13/20. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DANNY D. HESTDALEN,
Plaintiff,
vs.
CORIZON CORRECTIONS
HEALTHCARE, et al.,
Defendants.

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Case No. 2:18-cv-00039-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Danny D. Hestdalen’s Request for Subpoena
Duces Tecum Forms and Instructions. (Doc. 180.) He seeks “documents known to exist, but
Defendants claim do not,” which “are believe to be in the pos[s]ession of non party witnesses, i.e.
off site medical services providers.” (Id.)
The Court often provides such forms to pro se litigants, but it notes that Plaintiff filed his
request on February 6, 2020, only nine days before the close of discovery. (See Doc. 168.) As a
practical matter, waiting so late left Plaintiff without sufficient time to conduct the discovery he
describes, and he gives no reason or good cause for the delay. Moreover, Plaintiff fails to
adequately explain what documents he seeks or why they are necessary in light of the substantial
amount of documentary evidence already exchanged. Indeed, Plaintiff notes that Defendants have
told him the documents he seeks do not exist. He provides no basis for his assertion to the contrary.
The Court will therefore deny Plaintiff’s request.
Accordingly,

IT IS HEREBY ORDERED that Plaintiff Danny D. Hestdalen’s Request for Subpoena
Duces Tecum Forms and Instructions, (Doc. 180), is DENIED.
Dated this 13th day of April, 2020.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE