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Perry Robert Avila v. Matthew Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 28, 2011

PERRY ROBERT AVILA,
PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DIRECTING PERSONAL SERVICE OF SUBPOENAS DUCES TECUM BY UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS Docs. 35 and 37

Plaintiff Perry Robert Avila, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 26, 2009. On October 18, 2011, the Court issued an order denying Plaintiff's motion to compel, but authorizing the issuance of subpoenas duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d).

The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(b)(1), it is HEREBY ORDERED that:

1. The Clerk of the Court shall forward the following documents to the USM:

a. Two (2) completed and issued subpoenas duces tecum to be served on: California Department of Corrections and Rehabilitation, Office of the Secretary 1515 S. St.

Sacramento, CA 95814 Custodian of Records, California Correctional Institution 24900 Highway 202 Tehachapi, CA 93561

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

c. Three (3) copies of this order, one to accompany each subpoena and one for the USM;

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

3. The USM SHALL effect personal service of the subpoenas duces tecum, along with a copy of this order, upon the entities or individuals named in the subpoenas pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and

4. Within ten (10) days after personal service is effected, the USM SHALL file the returns of service, along with the costs subsequently incurred in effecting service. Said costs shall be enumerated on the USM-285 forms.

IT IS SO ORDERED.

20111128

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