Wright v. Austin

Filing 30

ORDER the Court grants plaintiff's 26 Motion as follows: the Clerk's office is directed to issue a blank subpoena to plaintiff. Signed by Magistrate Judge J Richard Creatura.(CMG)(cc to Plaintiff w/iss'd blank subpoena)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

GREGORY ANTONIO WRIGHT,

11
12
13
14

Plaintiff,

CASE NO. 3:15-CV-05887-BHS-JRC
ORDER ON MOTION FOR PHOTO
EVIDENCE

v.
GRANT AUSTIN,
Defendant.

15
16

This 42 U.S.C. §1983 civil rights matter has been referred to the undersigned Magistrate

17 Judge pursuant to 28 U.S.C. §§ 636 (b) (1) (A) and (B) and Local Magistrate Judge Rules MJR
18 1, MJR 3, and MJR 4. Plaintiff is proceeding pro se. See Dkt. 7.
19

Before the Court is plaintiff’s motion to receive photo evidence. Dkt. 26. Plaintiff asks

20 the Court to order his attorney in separate matter, non-party Louis Byrd Jr., to provide plaintiff
21 with copies of video evidence that was used in Case No. 15-1-00085-3. Id. Because plaintiff’s
22 motion seeks to compel a non-party to produce evidence, the Court interprets plaintiff’s motion
23 as a request for the Clerk of Court to issue a subpoena pursuant to Federal Rule of Procedure 45.
24 See Dkt. 26. Defendant did not file a response to plaintiff’s motion.
ORDER ON MOTION FOR PHOTO EVIDENCE 1

1

Federal Rule of Civil Procedure 45(a)(3) provides that: “[t]he clerk must issue a

2 subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it
3 before service.” Further, “[i]f a subpoena commands the production of documents, electronically
4 stored information or tangible things … before trial, then before it is served on the person to
5 whom it is directed, a notice and a copy of the subpoena must be served on each party.” Fed. R.
6 Civ. P. 45(a)(4). Any person over the age of 18 and not a party may serve a subpoena but the
7 party responsible for serving the subpoena must take reasonable steps to avoid imposing an
8 undue burden or expense on a person subject to the subpoena. See Fed. R. Civ. P. 45(b) and (d).
9

Accordingly, the Court grants plaintiff’s motion as follows: the Clerk’s Office is directed

10 to issue a blank subpoena to plaintiff.
11

Dated this 3rd day of October, 2016.

A

12
13

J. Richard Creatura
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
ORDER ON MOTION FOR PHOTO EVIDENCE 2