Evans v. McDaniels et al

Filing 71

ORDER DENYING 68 Motion for subpoena duces tecum. Defense counsel's Status Report due by 6/8/2011. Signed by Judge Larry R. Hicks on 5/27/2011. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TODD EVANS,

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)
Plaintiff,
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vs.
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E.K. McDANIEL, et al.,
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Defendants.
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____________________________________)
PRESENT:

3:09-CV-0319-LRH (VPC)
MINUTES OF THE COURT
May 27, 2011

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff’s motion for subpoena duces tecum (#68) is DENIED. In this motion, plaintiff
requests that the court “order” a subpoena to the Director of the Ohio State Prisons (#68).
Plaintiff is currently proceeding in forma pauperis in this case (#5). In the order granting
in forma pauperis status, plaintiff was cautioned that in forma pauperis status shall not extend to
the issuance and service of subpoenas at government expense. Id. The granting of an application
to proceed in forma pauperis does not waive the applicant’s responsibility to pay the expenses of
litigation. LSR 1-8.
While the court appreciates the fact that plaintiff may have some money in his prison
account, plaintiff requested this subpoena only four days before the expiration of discovery.
Plaintiff would not have been able to arrange for the witness fee, service of the subpoena,
copying of the documents at his expense, and shipping in the time span of four days. The time
for discovery was previously enlarged and concluded on May 6, 2011 (#66). No further
extensions of time shall be granted.

Defense counsel was directed to inquire of his clients if they are in possession of records
from Ohio and advise plaintiff no later than May 6, 2011 (#66). Defense counsel shall file a
status report with the court advising the court of those efforts no later than Wednesday, June 8,
2011.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk