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Sanchez v. Stancliff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 11, 2009

ANTHONY JOSEPH SANCHEZ, PLAINTIFF,
v.
STANCLIFF, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION FOR ISSUANCE OF BLANK SUBPOENAS, WITHOUT PREJUDICE TO RENEWAL (Doc. 60)

Plaintiff Anthony Joseph Sanchez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 2, 2009, Plaintiff filed a motion seeking the issuance of three blank subpoenas for the production of documents from non-parties.

Subject to certain requirements set forth herein, Plaintiff is entitled to the issuance of subpoenas commanding the production of documents from non-parties, and to service of the subpoenas by the United States Marshal. Fed. R. Civ. P. 45; 28 U.S.C. 1915(d). However, the Court will consider granting such a request only if the documents sought from the non-party are not equally available to Plaintiff and are not obtainable from Defendants through a request for production of documents. Fed. R. Civ. P. 34. If Plaintiff wishes to make a request for the issuance of a records subpoena, he may file a motion requesting the issuance of a subpoena duces tecum that (1) identifies with specificity the documents sought and from whom, and (2) makes a showing in the motion that the records are only obtainable through that third party.

Plaintiff's motion for the issuance of three subpoenas duces tecum is HEREBY DENIED, without prejudice to renewal.

IT IS SO ORDERED.

20090311

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