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Richard A. Ochotorena v. Darrel G. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 17, 2010

RICHARD A. OCHOTORENA,
PLAINTIFF,
v.
DARREL G. ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DIRECTING SERVICE OF SUBPOENA DUCES TECUM BY UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COST

(DOC. 91)

Plaintiff Richard A. Ochotorena ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Adams, Kalkis, Reynoso, Curtiss, Duncan, Fambrough, Lane, and Rodriquez. On December 8, 2010, the Court issued an order granting Plaintiff's motions for the issuance of a subpoena duces tecum in part and providing notice to the parties that the Court intended after ten days to issue the subpoenas and direct the United States Marshal to effect personal service. Fed. R. Civ. P. 45; 28 U.S.C. § 1915(d).

Accordingly, it is HEREBY ORDERED that:

1. The Clerk of Court shall forward the following documents to the United States Marshals Service:

a. One (1) completed and issued subpoena duces tecum to be served on: Johanna Cordova, Litigation Coordinator 900 Quebec Avenue Corcoran, CA 93212

b. One (1) completed and issued subpoena duces tecum to be served on: A. Hernandez, assistant in-service-training manager 900 Quebec Avenue Corcoran, CA 93212

c. Two (2) completed USM-285 forms; and

d. Three (3) copies of this order, one to accompany each subpoena, and one for the United States Marshals Service.

2. Within twenty (20) days from the date of this order, the Marshals Service is directed to serve the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil Procedure.

3. The Marshals Service is directed to retain a copy of the subpoena in its file for future use.

4. The Marshals Service SHALL effect personal service of the subpoena duces tecum, along with a copy of this order, upon the entity in the subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).

5. Within ten (10) days after personal service is effected, the Marshals Service shall file the return of service, along with the costs subsequently incurred in effecting service. Said Costs shall be enumerated on the USM-285 form.

IT IS SO ORDERED.

3b142a

20101217

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