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Herring v. Clark

August 21, 2008

HARVEY HERRING III, PLAINTIFF,
v.
MIKE CLARK, ET. AL., DEFENDANTS.



The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S REQUEST FOR SUBPOENA (Docs. 69, 72)

ORDER FOR CLERK TO SEND BLANK CIVIL SUBPOENA FORM TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS

THIRTY DAY DEADLINE FOR PLAINTIFF TO RETURN SUBPOENA TO COURT

New Discovery Cut-Off Date: 12-15-2008 New Dispositive Motions Deadline: 01-15-2009

Harvey Herring III ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On February 7, 2008 and May 20, 2008, plaintiff filed a request for the court to send him a subpoena duces tecum form to be served on the California Substance Abuse Treatment Facility ("CSATF"), a non-party in this action, to produce documents. Defendants have not filed an opposition.

A subpoena duces tecum orders a witness to appear and to bring specified documents, records, or things.*fn1 Pursuant to Rule 34(a) of the Federal Rules of Civil Procedure, "any party may serve on any other party a request to produce and permit the party making the request . . . to inspect and copy any designated documents . . . which are in the possession, custody or control of the party upon whom the request is served." Fed.R.Civ.P. 34(a)(1). A person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45. Fed.R.Civ.P. 34( c).

Plaintiff has specified that he seeks the following documents from CSATF:

(1) Any grievance, complaint and/or statement filed by witness #1 William Weir regarding the incident on 7/30/03 in facility C-Building 1;

(2) Any grievance, complaint, statement and/or report submitted by witness #2 C/O Rodriguez regarding the incident on 7/30/03 in facility C-Building 1;

(3) Any grievance, complaint, statement and/or report submitted by witness #3 C/O S. Fane regarding the incident on 7/30/03 in facility C-Building 1;

(4) A complete copy of the 837 Crime/Incident Report;

(5) A complete copy of the 602 complaint filed by plaintiff;

(6) A copy of the findings of the ISU investigation regarding the allegations against defendant Clark resulting from the subject incident on 7/30/03 at CSATF;

(7) Reports of findings of Category 1 Internal Affairs Investigation resulting from the allegations filed against defendant Clark concerning the ...


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