Matthews v. California Department of Corrections et al
Filing
77
ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/18/11 ORDERING that trial of this case is set to commence April 17, 2012, at 10:00 a.m. inCourtroom 10 of the Robert T. Matsui Federal Courthouse, 501 I Street, Sacramento, California. Plaintiffs requests for subpoenas duces tecum (Docket Nos. 60 , 62 , 64 , 74 and 76 ) are denied. Plaintiff has 45 days from entry of this order in which to file a formal motion requesting the issuance of subpoenas duces tecum.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT CHARLES MATTHEWS,
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Plaintiff,
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No. CIV S-07-1418 GEB CKD P
vs.
HUI,
Defendant.
ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action under 42
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U.S.C. § 1983. On December 10, 2010, the court allowed both parties twenty-eight days in
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which to file motions for summary judgment. Neither party filed a motion. Since that deadline
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passed, the parties have filed pre-trial statements. Therefore, this case will be set for trial.
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The court has received requests from plaintiff for the issuance of subpoenas duces
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tecum for documents under Federal Rule of Civil Procedure 45. The requests are too vague. To
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obtain a subpoena for documents from the court, the prisoner must file a motion supported by:
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(1) clear identification of what documents he seeks; (2) clear identification of the non-party from
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whom he seeks the documents; and (3) a showing that the records or documents are obtainable
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only through the identified non-party. See Heilman v. Lyons, 2010 WL 5168871 at *1 (E.D.
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Cal.). In this case, plaintiff’s earliest request for the subpoenas came several months after
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discovery ended. Therefore, in addition to the three showing indicated above, he also must state
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the purpose for which he seeks the documents – i.e., whether they are necessary for trial
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preparation, and if so, why they are necessary, or whether he intends to introduce them at trial,
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and if so, what he intends to prove through their introduction into evidence.
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Plaintiff has not provided any of the information described above, so his requests
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for subpoenas will be denied. He may renew his requests by filing a formal motion that contains
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the required information.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Trial of this case is set to commence April 17, 2012, at 10:00 a.m. in
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Courtroom 10 of the Robert T. Matsui Federal Courthouse, 501 I Street, Sacramento, California.
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2. Plaintiff’s requests for subpoenas duces tecum (Docket Nos. 60, 62, 64, 74
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and 76) are denied. Plaintiff has 45 days from entry of this order in which to file a formal motion
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requesting the issuance of subpoenas duces tecum.
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Dated: November 18, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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