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Cesar Uribe v. J. Mckesson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 8, 2011

CESAR URIBE,
PLAINTIFF,
v.
J. MCKESSON, ET AL., DEFENDANTS.

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

(ECF Nos. 127, 133)

ORDER DENYING DEFENDANTS' MOTION TO QUASH

Plaintiff Cesar Uribe ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint filed August 29, 2008, against Defendants McKesson, Martinez, and Zaragosa for retaliation in violation of the First Amendment. On February 14, 2011, a subpoena duces tecum was served on the custodian of inmate records at the Correctional Training Facility in Soledad, California. (Opposition at p. 2, ECF No. 133.) On February 23, 2011, a subpoena duces tecum was served on the custodian of personnel records at the California Substance Abuse Treatment Facility and State Prison in Corcoran, California. (Id.) Defendants filed a motion to quash on March 22, 2011. (ECF No. 127.) Plaintiff filed an opposition to Defendants motion on April 4, 2011. (ECF No. 134.)

Pursuant to Federal Rules of Civil Procedure 45(c)(2)(B) objections to a subpoena must be served within fourteen days of the subpoena being served. In this instance Defendants did not file the motion to quash within fourteen days of the date of service. Due to the untimely filing, the motion shall be denied.

Accordingly, it is HEREBY ORDERED that Defendant's motion to quash is DENIED.

IT IS SO ORDERED.

icido3

20110408

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