Avila v. Cate et al
Filing
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ORDER Directing Personal Service of Subpoenas Duces Tecum by United States Marshals Service without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 11/28/11. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PERRY ROBERT AVILA,
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CASE NO. 1:09-cv-00918-LJO-SKO PC
Plaintiff,
ORDER DIRECTING PERSONAL SERVICE
OF SUBPOENAS DUCES TECUM BY
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS
v.
MATTHEW CATE, et al.,
(Docs. 35 and 37 )
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Defendants.
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Plaintiff Perry Robert Avila, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on May 26, 2009. On October 18, 2011, the
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Court issued an order denying Plaintiff’s motion to compel, but authorizing the issuance of
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subpoenas duces tecum. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d).
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The requisite notice having been issued pursuant to Federal Rule of Civil Procedure 45(b)(1),
it is HEREBY ORDERED that:
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1. The Clerk of the Court shall forward the following documents to the USM:
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a. Two (2) completed and issued subpoenas duces tecum to be served on:
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California Department of Corrections and Rehabilitation,
Office of the Secretary
1515 S. St.
Sacramento, CA 95814
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Custodian of Records,
California Correctional Institution
24900 Highway 202
Tehachapi, CA 93561
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b. Two (2) completed USM-285 forms; and
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c. Three (3) copies of this order, one to accompany each subpoena and one for the
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USM;
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2. Within twenty (20) days from the date of this order, the USM is DIRECTED to serve
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the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil
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Procedure;
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3. The USM SHALL effect personal service of the subpoenas duces tecum, along with a
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copy of this order, upon the entities or individuals named in the subpoenas pursuant to
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Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and
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4. Within ten (10) days after personal service is effected, the USM SHALL file the returns
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of service, along with the costs subsequently incurred in effecting service. Said costs
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shall be enumerated on the USM-285 forms.
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IT IS SO ORDERED.
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Dated:
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November 28, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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