Heyman v. State of Nevada ex rel Board of Regents for the Nevada System of Higher Education et al

Filing 203

ORDER. IT IS HEREBY ORDERED that 178 Plaintiff's Motion to Compel Clerk to Sign Subpoenas is Granted. Signed by Magistrate Judge George Foley, Jr on 10/2/18. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 DARREN HEYMAN, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA EX REL. BOARD OF ) REGENTS OF THE NEVADA SYSTEM OF ) HIGHER EDUCATION ON BEHALF OF ) UNIVERSITY OF NEVADA, LAS VEGAS, et al. ) ) Defendant. ) __________________________________________) Case No. 2:15-cv-01228-RFB-GWF ORDER This matter is before the Court on Plaintiff’s Motion to Compel Clerk to Sign Subpoenas (ECF No. 178), filed on September 7, 2017. 16 Plaintiff represents that the Clerk’s Office refused to issue subpoenas at Plaintiff’s request 17 because Plaintiff did not first obtain the Court’s consent. Plaintiff argues that he is not required to 18 obtain a court order prior to the issuance of the subpoenas because this is a civil case and LR 17-1(d) 19 does not apply. The Court agrees. Plaintiff is appearing pro se and is not proceeding in this case in 20 forma pauperis. Plaintiff, therefore, does not need to obtain the Court’s approval for the issuance of 21 subpoenas and he may obtain subpoenas in accordance with the Federal Rules of Civil Procedure. 22 Nothing in this order is intended to otherwise validate any subpoena. Accordingly, 23 24 25 IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel Clerk to Sign Subpoenas (ECF No. 178) is granted. DATED this 2nd day of October, 2017. 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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