Terry v. Fields et al

Filing 23

MEMORANDUM AND ORDER (SEE ORDER FOR COMPLETE DETAILS.)(cc: Order and blank subpoenas forms to plaintiff) Signed by District Judge Audrey G. Fleissig on 12/13/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EDWARDS TERRY,
Plaintiff,
vs.
JEROME FIELDS, et al.,
Defendants.

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Case No. 4:16CV01268 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion seeking seven subpoenas for medical
records, notes, and prison reports from Defendant Jerome Fields, and several non-parties.
The Court has discretion to grant or deny subpoenas for indigent parties at the expense of
the government. Williams v. Carter, 10 F.3d 563, 566 (8th Cir. 1993). “This power should be
exercised to protect the resources of the Court and the Marshals Service, and to prevent
harassment and undue expense of other parties and non-parties.” Stockdale v. Stockdale, 4:08CV-1773 CAS, 2009 WL 4030758, at *1 (E.D. Mo. Nov. 18, 2009). Courts generally “consider
factors such as the relevance and materiality of the information requested and the necessity of the
particular testimony or documents to proving the indigent’s case.” Id. The Court may deny a
request for a subpoena if it is frivolous, immaterial or unnecessary, unduly burdensome, would
result in costs the indigent cannot provide, or is otherwise unreasonable. Id.
Plaintiff’s current motion for subpoenas does not contain sufficient information for the
Court to determine whether the subpoenas are relevant, necessary, and not unduly burdensome.
For example, three of the requests do not specify the person or entity to whom the subpoena is to

be issued. Therefore, the Clerk of the Court is directed to send Plaintiff seven blank subpoena
forms. Plaintiff may fill out the forms and return them to this Court for service. Plaintiff should
not sign the subpoenas, which may be signed by the Clerk of Court after they are returned to the
Court.
Plaintiff is directed to submit, within 30 days of the date of this Memorandum and Order,
a memorandum with the filled-out subpoena forms which explains for each subpoena (1) to
whom the subpoena is to be issued; (2) the specific documents sought; (3) why the documents
sought are relevant to his case, where this is not self-evident; and (4) why he believes the entity
or individual subpoenaed has the relevant documents. The Court will review Plaintiff’s
memorandum and will then determine which subpoenas, if any, should be signed by the Clerk of
the Court and issued.
Plaintiff’s failure to comply with this Memorandum and Order will result in the denial
without prejudice of Plaintiff’s current motion for subpoenas.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 13th day of December, 2016

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