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Daughtery v. Wilson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 7, 2008

WILLIAM JOHN DAUGHTERY, CDCR #F-79985, PLAINTIFF,
v.
DENNIS WILSON, SAN DIEGO POLICE OFFICER; ESMERALDA TAGABAN, SAN DIEGO POLICE OFFICER; SERGEANT GRIFFIN; DETECTIVE LEMUS, DEFENDANTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTIONS AND DIRECTING THE CLERK OF COURT TO ISSUE SUBPOENAS DUCES TECUM AND U.S. MARSHAL 285 FORMS [Doc. Nos. 30 & 32]

Plaintiff, who is proceeding pro se and in forma pauperis with a Complaint brought pursuant to 42 U.S.C. § 1983, has filed two motions requesting the issuance of six civil subpoenas. Doc. Nos. 30 & 32. The Court finds Plaintiff's request reasonable and GRANTS Plaintiff's motions.

Accordingly, the Court ORDERS as follows:

1. The Clerk of Court shall forward to Plaintiff six subpoena duces tecum forms, six U.S. Marshal 285 forms, and a copy of this Order.

2. Upon receipt of a properly completed U.S. Marshal 285 form and accompanying subpoena, the U.S. Marshal is directed to promptly effect service of Plaintiff's subpoena duces tecum.

Plaintiff is advised that any fees required for service of subpoenas for documents on non-parties pursuant to Rule 45 are not waived based on Plaintiff's in forma pauperis status. See Tedder v. , 890 F.2d 210, 211-12 (9th Cir. 1989). Plaintiff is responsible for paying all costs associated with the subpoenas and depositions.

IT IS SO ORDERED.

20080707

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