Lynn v. Zanesville Police Department et al

Filing 5

ORDER Granting #4 Motion for Discovery. The Court construes this as a motion for leave to serve a subpoena duces tecum on the Zanesville Police Department under Rule 26(d)(1), and, for good cause shown, the Motion (ECF No. 4) is GRANTED. The Clerk is DIRECTED to mail a copy of Form AO 088B (Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises) to Plaintiff. Upon Plaintiff's filing of a completed Form AO 088B with the Court, the Clerk is DIRECTED to issue the subpoena, and the United States Marshal is DIRECTED to serve by certified mail the subpoena on the Zanesville Police Department. Signed by Magistrate Judge Chelsey M. Vascura on 01/08/2021. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Case: 2:20-cv-05917-ALM-CMV Doc #: 5 Filed: 01/08/21 Page: 1 of 2 PAGEID #: 37 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JOHN A. LYNN, SR., Plaintiff, Civil Action 2:20-cv-5917 Chief Judge Algenon L. Marbley Magistrate Judge Chelsey M. Vascura v. ZANESVILLE POLICE DEPARTMENT, et al., Defendants. ORDER Plaintiff, John A. Lynn, Sr., who is proceeding without the assistance of counsel, brings this action against the Zanesville Police Department and its employee Sergeant Lambos, seeking compensatory damages. The undersigned previously recommended dismissal of Plaintiff’s current claims against the Zanesville Police Department and Sergeant that Plaintiff be permitted to amend his Complaint to name as Defendants the officers who allegedly assaulted him, and that he be permitted to commence expedited discovery under Federal Rule of Civil Procedure 26(d)(1) to learn the identities of those officers. (ECF No. 3.) Plaintiff has now filed a Motion for Release of Evidence, in which he seeks copies of any video tape recorded while he was in the custody of the Zanesville Police Department from July 19, 2020 to July 23, 2020. (ECF No. 4.) The Court construes this as a motion for leave to serve a subpoena duces tecum on the Zanesville Police Department under Rule 26(d)(1), and, for good cause shown, the Motion (ECF No. 4) is GRANTED. The Clerk is DIRECTED to mail a copy of Form AO 088B (Subpoena to Produce Documents, Information, or Objects or to Permit Case: 2:20-cv-05917-ALM-CMV Doc #: 5 Filed: 01/08/21 Page: 2 of 2 PAGEID #: 38 Inspection of Premises) to Plaintiff. Upon Plaintiff’s filing of a completed Form AO 088B with the Court, the Clerk is DIRECTED to issue the subpoena, and the United States Marshal is DIRECTED to serve by certified mail the subpoena on the Zanesville Police Department. IT IS SO ORDERED. /s/ Chelsey M. Vascura CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE 2

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