Bandara v. Mann et al

Filing 88

ORDER directing the plaintiff to complete three blank subpoena forms and return them to the Clerk of Court within seven (7) days, at which time the Clerk of Court shall issue the subpoenas addressed to the Blue Ribbon Cab Comp any, the Capitol City Cab Company, and the Checker Yellow Cab Company and forward copies of this order and the subpoenas to the United States Marshal for service of process. (Completed subpoena forms due by 8/2/2017.) Signed by Magistrate Judge Paige J. Gossett on 7/26/2017. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dr. D.M. Indika Bandara,
Plaintiff,
v.
Dan Mann, Richland-Lexington Airport
District Commission Members, AAE Director;
James A. Compton, Richland-Lexington
Airport District Commission Members
(Chairman); Carol Fowler, Richland-Lexington
Airport District Commission Members; F.
Xavier Starkes, Richland-Lexington Airport
District Commission Members, Esq.; William
Dukes, Richland-Lexington Airport District
Commission Members; Jerrod F. Howard,
Richland-Lexington Airport District
Commission Members; Richard McIntyre,
Richland-Lexington Airport District
Commission Members; Dan P. Bell, RichlandLexington Airport District Commission
Members; Hazel L. Bennett, RichlandLexington Airport District Commission
Members; D.J. Carson, Richland-Lexington
Airport District Commission Members; David
N. Jordan, Richland-Lexington Airport District
Commission Members; James L. Whitmire,
Richland-Lexington Airport District
Commission Members; Duane Cooper,
Richland-Lexington Airport District
Commission Members; Lynne Douglas,
Richland-Lexington Airport District
Commission Members,
Defendants.
_____________________________________

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C/A No. 3:16-3212-TLW-PJG

ORDER

Plaintiff Dr. D.M. Indika Bandara, a self-represented prisoner, filed this civil action pursuant
to 42 U.S.C. § 1983 against the named defendants. This matter is before the court on the plaintiff’s
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motions for issuance of subpoenas. (ECF Nos. 79, 80, & 81.) The defendants did not file a response
to the motions.
The plaintiff previously filed motions that were denied without prejudice to refile to provide
the court with additional information required for the issuance of a subpoena duces tecum. The
plaintiff timely refiled her motions in compliance with the court’s order. The plaintiff’s motions
request records involving the employees of three taxi cab companies, who are not parties to this
action.
In her current motions, the plaintiff has clearly identified the materials she seeks and from
whom she seeks those materials and has provided a reasonable explanation as to how the requested
materials are relevant to her case. Additionally, in compliance with the court’s order, she has shown
that the requested documents are obtainable only through the identified third party, she has provided
the court with completed USM-285 forms so that service can be effected by the United States
Marshals Service, and she states that she has the funds necessary to pay for the costs associated with
the production of the requested documents.
Accordingly, it is hereby
ORDERED that the Clerk of Court provide three blank subpoena forms to the plaintiff for
completion. The plaintiff is directed to complete the forms and return them to the Clerk of Court
within seven (7) days, at which time the Clerk of Court shall issue the subpoenas addressed to the
Blue Ribbon Cab Company, the Capitol City Cab Company, and the Checker Yellow Cab Company
and forward copies of this order and the subpoenas to the United States Marshal for service of
process. The United States Marshal shall serve the subpoena on the named entities pursuant to 28

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U.S.C. § 1915(d). The named entities are directed to provide the items requested to the extent they
have documents responsive to plaintiff’s requests in their possession.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
July 26, 2017
Columbia, South Carolina

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