Smith v. Montgomery County Sheriff's Office et al, No. 3:2010cv00448 - Document 78 (S.D. Ohio 2012)
Court Description: DECISION AND ORDER DENYING WITHOUT PREJUDICE 76 PLAINTIFF'S MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM. Signed by Magistrate Judge Michael R Merz on 2/1/12. (cib1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON BILLY M. SMITH, Plaintiff, : Case No. 3:10-cv-448 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz -vs: MONTGOMERY COUNTY SHERIFF S OFFICE, et al., Defendants. DECISION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF S MOTION FOR ISSUANCE OF SUBPOENAS DUCES TECUM This case is before the Court on Plaintiff s Motion for Issuance of Subpoenas Duces Tecum (Doc. No. 76). Upon examination, the subpoenas tendered with the Motion do not comply with the form requirements of Fed. R. Civ. P. 45(a)(1)(iii) and (iv) in that they do not specify a time for performance and they do not include the text of Fed. R. Civ. P. 45(c)( and (d). Accordingly, the Motion is denied without prejudice to its renewal in conformity with Fed. R. Civ. P. 45. February 1, 2012. s/ Michael R. Merz United States Magistrate Judge 1
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