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Joseph Robinson v. Jeff Cunan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 22, 2010

JOSEPH ROBINSON, PLAINTIFF,
v.
JEFF CUNAN, DEFENDANT.

ORDER

On December 20, 2010, plaintiff submitted a letter to the Clerk of the Court for the issuance of subpoenas.*fn1 Subpoenas are governed by Fed. R. Civ. P. 45. The purpose of a subpoena, in general, is to direct a person (1) to testify, (2) to produce documents, information, or tangible things, or (3) to permit the inspection of premises. Fed. R. Civ. P. 45(a)(1)(A)(iii). The Clerk of the Court "must issue a subpoena, signed but otherwise in blank, to a party who requests it." Rule 45(a)(3) (emphasis added). Here, plaintiff attached multiple completed subpoenas for the Clerk's signature. This is procedurally improper. Therefore, plaintiff's request is denied.

Further, upon review of the submitted subpoenas, IT IS HEREBY ORDERED that insofar as plaintiff subpoenas any person for a January 13, 2011 hearing, any party or non-party in receipt of said subpoena need not reply, either by complying or moving to quash the subpoena, as there is no hearing in this matter scheduled for that date.

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