Patterson v. Berrett et al

Filing 10

ORDER Granting in Part and Denying in Part Plaintiff's 9 Motion to Order a Subpoena Duces Tecum. The Clerk of Court shall issue a subpoena duces tecum to the CCDC and deliver a copy of the subpoena and this order to the U.S. Marshal for service. Signed by Magistrate Judge Carl W. Hoffman on 1/14/2015. (Copies have been distributed pursuant to the NEF - hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHRISTOPHER PATTERSON,

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Plaintiff,
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vs.
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BILL A. BERRETT, et al.,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-01249-LDG-CWH
ORDER

This matter is before the Court on Plaintiff Christopher Patterson’s (“plaintiff”) Motion to
Order a Subpoena Duces Tecum (doc. # 9), filed December 22, 2014. No opposition was filed.

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On July 29, 2014, plaintiff filed an application to proceed in forma pauperis and a complaint.

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See Doc. # 1. On October 10, 2014, the Court entered a screening order: (1) granting plaintiff’s

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request to proceed in forma pauperis; (2) dismissing Counts II, III, and IV of plaintiff’s complaint

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without prejudice, but also without leave to amend; and (3) allowing a portion of Count I of plaintiff’s

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complaint to proceed, while providing plaintiff an opportunity to amend the remaining portion of

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Count I regarding “religious materials” that was dismissed by the Court. See Doc. # 2. Plaintiff did

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not amend Count I of his complaint, which led the Court to issue an order dismissing the “religious

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materials” portion of Count I for failure to amend, while allowing the remaining issue regarding

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“wristbands” to proceed against Defendant Lt. Clark (“Clark”). See Doc. # 4. In its order, moreover,

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the Court directed the Clerk of Court to issue a summons for Clark and to deliver the summons and

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complaint to the U.S. Marshal for service. Id. The Court also noted that it may order a subpoena

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duces tecum to the custodian of records at the Clark County Detention Center (“CCDC”) to provide

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the first and last names and last known addresses of the correctional officers identified in plaintiff’s

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complaint. Id. Plaintiff now brings the instant motion to order a subpoena duces tecum to the

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custodian of records at the CCDC to provide the first name, last name, and last known address of the

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current undersheriff at the CCDC, along with the first name and last known address of Clark in the

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event Clark was not yet served. See Doc. # 9.

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A review of the record reveals that Clark was successfully served on December 1, 2014, with

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Clark since filing an answer to plaintiff’s complaint. See Doc. # 6; Doc. # 7. Thus, the only

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information required at this juncture is with respect to the undersheriff at the CCDC. Because the

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information plaintiff needs is in the possession of non-party CCDC, the Court will approve issuance

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of a subpoena duces tecum to be served on the registered agent of the CCDC by the U.S. Marshal.

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Service must be personally made on the CCDC’s registered agent, whose address shall be listed on the

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subpoena as follows:

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Clark County Detention Center
330 South Casino Center Boulevard
Las Vegas, NV 89101

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Upon receipt, the CCDC shall have twenty-one (21) days to provide the first name, last name,

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and last known address of the undersheriff at the CCDC, as identified in plaintiff’s complaint. Failure

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to comply may result in significant sanctions, including a recommendation that the CCDC and its

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officers be held in contempt.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that “plaintiff’s Motion to Order a Subpoena Duces Tecum (doc.

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# 9) is granted in part and denied in part.

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IT IS FURTHER ORDERED that the Clerk of Court shall issue a subpoena duces tecum to

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the CCDC and deliver a copy of the subpoena and this order to the U.S. Marshal for personal service

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on the CCDC’s registered agent for service of process and file a return with the Court. The CCDC

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shall have twenty-one days from receipt of the subpoena to provide the first name, last name, and last

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known address of the undersheriff at the CCDC, as identified in plaintiff’s complaint, under seal.

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Failure to comply may result in sanctions, up to and including a recommendation that the CCDC
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and/or its officers be held in contempt.
DATED: January 14, 2015

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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