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Koch v. Neubarth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 28, 2010

RODNEY S. KOCH, PLAINTIFF,
v.
DR. JEFFERY NEUBARTH, ET AL., DEFENDANTS.

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

This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Rodney S. Koch, a state prisoner proceeding pro se and in forma pauperis. On June 21, 2010, Plaintiff sent three subpoenas duces tecum to the Clerk's Office, and requested that they be stamped and returned to him. Pursuant to the undersigned's direction, the Clerk's Office filed the subpoenas.

Subject to certain requirements set forth herein, Plaintiff is entitled to the issuance of a subpoena commanding the production of documents from non-parties, and to service of the subpoena 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.

For the reasons set forth above, Plaintiff's motion for the issuance of the subpoenas is HEREBY DENIED.

IT IS SO ORDERED.

20100628

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