Smith v. Montgomery County Sheriff's Office et al

Filing 78

DECISION AND ORDER DENYING WITHOUT PREJUDICE 76 PLAINTIFF'S MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM. Signed by Magistrate Judge Michael R Merz on 2/1/12. (cib1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BILLY M. SMITH,
Plaintiff,

:

Case No. 3:10-cv-448
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vs:
MONTGOMERY COUNTY
SHERIFF’S OFFICE, et al.,
Defendants.

DECISION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR
ISSUANCE OF SUBPOENAS DUCES TECUM

This case is before the Court on Plaintiff’s Motion for Issuance of Subpoenas Duces Tecum
(Doc. No. 76).
Upon examination, the subpoenas tendered with the Motion do not comply with the form
requirements of Fed. R. Civ. P. 45(a)(1)(iii) and (iv) in that they do not specify a time for
performance and they do not include the text of Fed. R. Civ. P. 45(c)( and (d).
Accordingly, the Motion is denied without prejudice to its renewal in conformity with Fed.
R. Civ. P. 45.
February 1, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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