Allen v. State of Missouri d/b/a Department of Social Services, Division of Youth Services et al

Filing 42

MEMORANDUM AND ORDER re: 40 PRO SE MOTION filed by Plaintiff Herman K. Allen motion is DENIED. Signed by District Judge John A. Ross on 11/28/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

HERMAN K. ALLEN,
Plaintiff,
vs.
STATE OF MISSOURI d/b/a
DEPARTMENT OF SOCIAL SERVICES
DIVISION OF YOUTH SERVICES,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 4:11-CV-2224-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Subpoena Duces Tecum
Document From Third Party [ECF No. 40]. Plaintiff requests this Court subpoena a written
statement from Ms. Jarrett West, who he identifies as a witness. In his Memorandum To Support
Deces [sic] Tecum Document From Third Party [ECF No. 41], Plaintiff states he is requesting
“[a] typed or written notarized affidavit regarding an alleged sexual harassment investigation
conducted on the Plaintiff by Barb Milligan (secretary) at the behest of Elaine Barbee (Regional
Administrator, Plaintiff’s immediate supervisor).”
This type of discovery is not properly sought from non-parties by means of a Rule 45
subpoena, which is limited to document production. Grace v. Hakala, 2012 WL 2190902, at * 4
(E.D. Mo. June 14, 2012); Stockdale v. Stockdale, 2009 WL 4030758, at *2 (E.D. Mo.
November 18, 2009).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Subpoena Duces Tecum
Document From Third Party [40] is DENIED.

Dated this 28th day of November, 2012.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

2