Randolph v. The State of Nevada, Ex Rel, Nevada Department of Corrections et al
Filing
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ORDER granting 60 Motion for Issuance of Subpoenas. Clerk to issue two blank subpoenas to Plaintiff (issued and mailed to plaintiff 2/28/14). Plaintiff responsible for filling out subpoenas and properly serving them. Signed by Magistrate Judge William G. Cobb on 2/27/14. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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CHARLES RANDOLPH,
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Plaintiff,
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vs.
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THE STATE OF NEVADA, et. al.
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Defendants.
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_______)
3:13-cv-00148-RCJ-WGC
ORDER
Before the court is Plaintiff’s Motion for Issuance of Subpoena Duces Tecum.
(Doc. # 60.)
Plaintiff seeks the issuance of two subpoenas so that he may obtain documents he
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contends are relevant to his claims to: (1) Debra Lambe, Program Manager, Century Link;
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(2) Inmate Calling Solutions. (Doc. # 60 at 2.)
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Rule 45(a)(3) provides that the “clerk must issue a subpoena, signed but otherwise
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blank, to a party who requests it. That party must complete it before service.” Rule 45 goes on
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to require that “[i]f the subpoena commands the production of documents...then before it is
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served on the person to whom it is directed, a notice and a copy of the subpoena must be served
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on each party.” Fed. R. Civ. P. 45(a)(4). “Any person who is at least 18 years old and not a party
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may serve a subpoena.” Fed. R. Civ. P. 45(b)(1). “Serving a subpoena requires delivering a copy
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to the named person and, if the subpoena requires that person’s attendance, tendering the fees
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for 1 day’s attendance and the mileage allowed by law...” Fed. R. Civ. P. 45(b)(1).
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As the court previously advised Plaintiff, while the personal service requirement is not
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explicit in Rule 45, the majority of courts to consider the issue, including the Ninth Circuit in
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an unpublished decision, have held that personal service of a subpoena duces tecum is
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required. See Chima v. U.S. Department of Defense, 23 Fed.Appx. 721, 2001 WL 1480640, at
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*2 (9th Cir. Dec. 14, 2001); see also Newell v. County of San Diego, 2013 WL 4774767, at *2-3
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(S.D. Cal. Sept. 5, 2013); Prescott v. County of Stanislaus, 2012 WL 10617, at *3 (E.D. Cal. Jan.
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3, 2012).
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Plaintiff’s motion for the issuance of two subpoenas is (Doc. # 60) is GRANTED. The
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Clerk is directed to ISSUE two blank subpoenas to Plaintiff. Plaintiff is then responsible for
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filling out the subpoenas and properly serving them in accordance with Rule 45.
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IT IS SO ORDERED.
DATED: February 27, 2014.
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WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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