Legg v. Southern Health Partners

Filing 30

ORDER denying 29 Motion for Subpoenas. Signed by Magistrate Judge Shiva V Hodges on 4/16/2012.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Ronald L. Legg,
Plaintiff,
vs.
Southern Health Partners (Jodi
Harrison),
Defendant.

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C/A No.: 1:12-481-RMG-SVH

ORDER

Plaintiff, proceeding pro se and in forma pauperis, brought this action pursuant to
42 U.S.C. § 1983, alleging violations of his constitutional rights while incarcerated at J.
Reuben Long Detention Center (“JRLDC”). This matter is before the court on Plaintiff’s
motion for subpoenas [Entry #29]. All pretrial proceedings in this case were referred to
the undersigned pursuant to the provisions of 28 U.S.C. § 636(b) and Local Civil Rule
73.02(B)(2)(d) (D.S.C.).

Plaintiff’s motion contains a list of documents he seeks in connection with his

lawsuit. Although Plaintiff states that he is seeking these documents from JRLDC, it
appears that all or some of the documents may be in the possession of defendant Southern
Health Partners (“Defendant”). It does not appear from the motion that Plaintiff has
submitted the requests to Defendant prior to filing his motion. Plaintiff is advised that the
proper procedure for requesting documents from Defendant is contained in Federal Rule
of Civil Procedure 34. Specifically, requests for documents should be served on counsel
for Defendant and should not be filed with the court absent a dispute between the parties

after previous service. Therefore, Plaintiff’s motion for subpoena [Entry #29] must be
denied.
IT IS SO ORDERED.

April 16, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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