Metropolitan Life Insurance Company v. Betancourt et al

Filing 36

ORDER - Court interprets Defendant's motion at 28 as a request for the Clerk of Court to issue a subpoena, and the Clerk of Court is DIRECTED, in conformity with Rule 45, to issue a signed but otherwise blank subpoena to Defendant. Signed by Magistrate Judge Robert B. Jones, Jr. on 6/16/2014. Order and signed subpoena mailed to defendant. (Grady, B.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-00117-F METROPOLITAN LIFE INSURANCE COMPANY, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. IVONNE I. BETANCOURT and RAP AEL 0. MOLINA, JR., Defendants. ORDER This matter comes before the court on the pro se Defendant Ivonne I. Betancourt's ("Defendant") motion to subpoena Walgreens to produce documents. [DE-28]. The court itself does not subpoena documents for a party; however, Rule 45 of the Federal Rules of Civil Procedure provides the mechanism by which a party may obtain a subpoena to command the production or inspection of documents: The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena ifthe attorney is authorized to practice in the issuing court. Fed. R. Civ. P. 45(a)(3). Accordingly, the court interprets Defendant's motion as a request for the Clerk of Court to issue a subpoena, and the Clerk of Court is DIRECTED, in conformity with Rule 45, to issue a signed but otherwise blank subpoena to Defendant. SO ORDERED, the~ day of June 2014. United States Magistrate Judge

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