Porter v. Shepherd et al

Filing 13

ORDER granting 12 Motion for Subpoena. The Clerk is to add the Attorney General for the State of Nevada to this case and serve him this Order and the Subpoena. No later than 9/15/2021, the Attorney General's Office shall file a notice advising the Court and Plaintiff whether it accepts service of the Subpoena Duces Tecum on behalf of Ben Guiterez. Signed by Magistrate Judge Nancy J. Koppe on 9/8/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:20-cv-01654-APG-NJK Document 13 Filed 09/08/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 JUSTIN D. PORTER, Plaintiff 6 7 8 Case No. 2:20-cv-01654-APG-NJK v. ORDER (Docket No. 12) SHEPHERD, et al., Defendants 9 10 Plaintiff, who is incarcerated in the custody of the Nevada Department of Corrections 11 (“NDOC”), has filed a Motion for the Court to Issue a Rule 45 Subpoena Duces Tecum 1 to Ben 12 Guiterez for his medical records. Docket No. 12. In his motion, Plaintiff states that he needs to 13 view his medical records in order to determine the name of a John Doe defendant. Id. Plaintiff 14 submits that he has filed several requests with prison officials to view his medical records but has 15 not been provided a copy of his medical records. Id. 16 For the foregoing reasons, 17 IT IS ORDERED that Plaintiff’s Motion for the Court to Issue a Rule 45 Subpoena Duces 18 19 20 Tecum to Ben Guiterez, Docket No. 12, is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall issue the Subpoena to Produce Documents that Plaintiff attached to his motion. Docket No. 12 at 14-16. 21 IT IS FURTHER ORDERED that the Clerk of the Court shall electronically SERVE a 22 copy of this order and a copy of Subpoena Duces Tecum on the Office of the Attorney General of 23 the State of Nevada by adding the Attorney General of the State of Nevada to the docket sheet. 24 This does not indicate acceptance of service. 25 26 27 28 In the screening order, the Court instructed Plaintiff that he could file a Rule 45 subpoena duces tecum to attempt to identify John Doe 3. Docket No. 8 at 10-11. 1 1 Case 2:20-cv-01654-APG-NJK Document 13 Filed 09/08/21 Page 2 of 2 1 IT IS FURTHER ORDERED that, no later than September 15, 2021, the Attorney 2 General’s Office shall file a notice advising the Court and Plaintiff whether it accepts service of 3 the Subpoena Duces Tecum on behalf of Ben Guiterez. 4 DATED: September 8, 2021. 5 6 7 NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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