Jones v. Nebraska Department of Correctional Services et al

Filing 62

ORDER Plaintiff's Motion to Compel Issuance of Subpoena, Filing No. 59 , is denied. The Clerk of the Court shall issue Plaintiff one new signed, blank subpoena (Form AO 88B) by mailing it to Plaintiff. The Clerk of the Court shall mail a copy of this Order to Plaintiff. Ordered by Magistrate Judge Jacqueline M. DeLuca. (Copy mailed to pro se party with signed subpoena) (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

MARVEL JONES,

Plaintiff,

8:21CV251

vs.
ORDER
UNKNOWN-UNNAME, Director of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Director I of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Director II of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Associate Director of Nebraska
Department of Correctional Services, in
his/her individual capacity; UNKNOWNUNNAME, Warden of Tecumseh State
Correctional Institution, in his/her individual
capacity; UKNOWN-UNNAME, Deputy
Warden of Tecumseh State Correctional
Institution, in his/her individual capacity;
UNKNOWN-UNNAME, Associate Warden of
Tecumseh State Correctional Institution, in
his/her individual capacity; UKNOWNUNNAME, Librarian of Tecumseh State
Correctional Institution, in his/her individual
capacity; UKNOWN-UNNAME, Warden of
Nebraska State Penitentiary, in his/her
individual capacity; UKNOWN-UNNAME,
Associate Warden of Nebraska State
Penitentiary, in his/her individual capacity;
UKNOWN-UNNAME, Deputy Warden of
Nebraska State Penitentiary, in his/her
individual capacity; LIBRARIAN OF
NEBRASKA STATE PENITENTIARY, in
his/her individual capacity; UKNOWNUNNAME, Warden of Omaha Correctional
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Center, in his/her individual capacity;
UKNOWN-UNNAME, Associate Warden of
Omaha Correctional Center, in his/her
individual capacity; UKNOWN-UNNAME,
Deputy Warden of Omaha Correctional
Center, in his/her individual capacity; and
UKNOWN-UNNAME, Librarian of Omaha
Correctional Center, in his/her individual
capacity;

Defendants.

Now pending before the Court is pro se Plaintiff Marvel Jones’ Motion to Compel
Issuance of Subpoena. Filing No. 59. The Court previously entered an order permitting
Plaintiff to subpoena non-party Nebraska Department of Correctional Services (“NDCS”)
to discover the names and addresses of the unnamed Defendants in this action. Filing
No. 58. Plaintiff now moves the Court for an order compelling non-party Rob Jeffreys, the
director of NDCS, to respond to his subpoena. The Court denies Plaintiff’s motion for the
reasons stated herein.
Federal Rule of Civil Procedure 45(b)(1) requires a party to serve a subpoena by
utilizing a non-party who is at least 18 years old to “deliver[] a copy to the named person.”
Plaintiff attempted to serve the subpoena on NDCS via the United States Marshals
Service and the Lancaster County Sheriff’s Office. The U.S. Marshals refused to serve
the subpoena. Filing No. 59 at 7. Although Plaintiff asserts the Sheriff’s Office served the
subpoena, the service of process return attached to Plaintiff’s motion clearly indicates the
Sheriff’s Office did not serve the subpoena because Plaintiff did not provide a local
address. Filing No. 59 at 12. Since Plaintiff has yet to serve the subpoena, the Court
denies Plaintiff’s motion to compel Rob Jeffreys to respond to the subpoena.
Accordingly,
IT IS ORDERED:
1) Plaintiff’s Motion to Compel Issuance of Subpoena, Filing No. 59, is denied.
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2) The Clerk of the Court shall issue Plaintiff one new signed, blank subpoena
(Form AO 88B) by mailing it to Plaintiff.
3) The Clerk of the Court shall mail a copy of this Order to Plaintiff.
Dated this 25th day of September, 2024.

BY THE COURT:

s/ Jacqueline M. DeLuca
United States Magistrate Judge

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