O'Boyle v. Carrasco et al

Filing 27

ORDER signed by Magistrate Judge Nancy Joseph. IT IS HEREBY ORDERED that movant Ricardo Moran's motion to quash (Docket # 24 ) is GRANTED. (cc: all counsel, plaintiff, movant) (asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RYAN P. O’BOYLE,
Plaintiff,
v.

Case No. 16-cv-959

GILBERT CARRASCO, et al.,
Defendants.
ORDER
Ryan P. O’Boyle is a Wisconsin state inmate and is representing himself on claims
relating to his arrest, interrogation, and detention following his participation in a stabbing at
the Summerfest grounds in 2011. After screening, Chief Judge Pamela Pepper referred this
case to me to handle pretrial matters. Presently before me is a letter from the stabbing
victim, Ricardo Moran, which I have interpreted as a motion to quash a subpoena. O’Boyle
served Moran with a subpoena asking Moran to provide a copy of his driver’s license or
state identification, as well as samples of his signature.
Moran is not a party in this lawsuit. Though O’Boyle named Moran in his
complaint, Chief Judge Pepper dismissed Moran because he was not a proper party under
42 U.S.C. § 1983, which allows individuals to sue state actors (which Moran, the victim of
the crime, is not). As a result, Chief Judge Pepper denied O’Boyle’s request for subpoenas to
get handwriting samples from Moran (and two others). Despite this ruling, O’Boyle sent the
subpoena to the victim anyway.

I appreciate that O’Boyle believes that he needs Moran’s signature to prosecute his
case. But Chief Judge Pepper’s reasoning for denying his request for the subpoenas at
screening still stands:
The court will deny the plaintiff’s requests for subpoenas. A
§1983 case allows a plaintiff to sue for damages for violations of
his constitutional rights. As the court discussed above, it does
not allow him to try to invalidate his conviction, or to prove
that he should not have been convicted. The court has
dismissed Harris, Martinson and Moran as defendants, and it
has explained that as to Harris and Moran, it cannot see how
signature samples from them would prove the plaintiff’s claims
of constitutional violations.
(Docket # 19 at 28.)
I will quash the subpoena O’Boyle sent to Moran. And I will also remind O’Boyle
that, absent a court revoking its own order, an order denying a request is still in effect
regardless of how much time has passed.
NOW, THEREFORE, IT IS HEREBY ORDERED that movant Ricardo Moran’s
motion to quash (Docket # 24) is GRANTED.
Dated at Milwaukee, Wisconsin this 25th day of November, 2019.
BY THE COURT:
s/ Nancy Joseph____________
NANCY JOSEPH
United States Magistrate Judge

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