Eady v. Commodore Express, Inc. et al

Filing 19

ORDER: For this reason, plaintiff Eady's motion to subpoena witness 17 is DENIED. It is so ORDERED. Signed by Magistrate Judge John S. Bryant on 8/10/12. (xc:Pro se party by regular and certified mail.)(tmw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
RONALD D. EADY,

)
)
Plaintiff,
)
)
v.
)
)
COMMODORE EXPRESS, INC., et al.,)
)
Defendants.
)

NO. 3:12-0336
Judge Haynes/Bryant
Jury Demand

O R D E R
Plaintiff Eady, who is proceeding pro se, has filed his
motion to subpoena witness (Docket Entry No. 17).

By this motion,

plaintiff seeks subpoenas to depose Officer Robert Wilkes and Sgt.
Arthur Avitia on August 15, 2012, at 2:00 p.m. in Flagstaff,
Arizona.

By handwritten notation on this motion, plaintiff states

that he “plans to pay any cost incurred,” and that offices have
been reserved to conduct this discovery.
Rule 45 of the Federal Rules of Civil Procedure governs
subpoenas in civil cases.
“A

subpoena

must

issue

Rule 45(a)(2)(B) provides as follows:
as

follows:

(B)

for

attendance

at

a

deposition, from the court for the district where the deposition is
to be taken.”
Although

this

lawsuit

is

presently

pending

in

this

district, it appears from plaintiff’s motion that the proposed
depositions of Officers Wilkes and Avitia are to be taken in
Flagstaff, Arizona. Accordingly, pursuant to the provision of Rule
45

quoted

above,

subpoenas

for

depositions

to

be

taken

in

Flagstaff, Arizona, must be issued by the United States District
Court for the District of Arizona and not this district.

For this reason, plaintiff Eady’s motion to subpoena
witness (Docket Entry No. 17) is DENIED.
It is so ORDERED.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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