ORDER DIRECTING SERVICE OF SUBPOENA BY THE UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS
ORDER DIRECTING CLERK TO ATTACH COPY OF SUBPOENA TO THIS ORDER
ERICA P. GROSJEAN, District Judge.
The Court previously granted Plaintiff's motion for the issuance of a subpoena upon the California Department of State Hospitals and/or its executive director by the United States Marshals Service. (ECF No. 84). Plaintiff has now completed and returned the subpoena and USM-285 form.
As Plaintiff appears to be attempting to subpoena documents related to Defendants even though the Court only authorized the subpoena as to patient Ryan Wilkerson, the Court will limit Plaintiff's subpoena to documents pertaining to patient Ryan Wilkerson.
Additionally, the Court will give the Executive Director of Coalinga State Hospital three weeks from the date of service of the subpoena to respond to the subpoena.
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff's subpoena request is limited to documents pertaining to patient Ryan Wilkerson.
2. The Executive Director of Coalinga State Hospital has three weeks from the date of service of the subpoena to respond to the subpoena.
3. The Clerk of Court shall forward the following documents to the United States Marshals Service:
a. One (1) completed and issued subpoena duces tecum, with the limitation and response date listed above;
b. One (1) completed USM-285 form; and
c. Two (2) copies of this order, one to accompany the subpoena and one for the United States Marshals Service.
4. The Clerk of Court is directed to attach a copy of the completed subpoena duces tecum to this order.
5. Within TWENTY (20) DAYS from the date of this order, the United States Marshals Service SHALL effect personal service of the subpoena, along with a copy of this order, upon the Executive Director of Coalinga State Hospital pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c).
6. The United States Marshals Service is DIRECTED to retain a copy of the subpoena in its file for future use.
7. Within TEN (10) DAYS after personal service is effected, the United States Marshals Service SHALL file the return of service.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT for the
ROGER WALKER,
Plaintiff,
v. Civil Action No. 1:16-cv-01665-AWI-EPG (PC)
TIM POOLE, et al.,
Defendant.
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To: Mr. Brandon Price, Executive Director Coaling a State Hospital (Name of person to whom this subpoena is directed)
[] Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
Recors, serious incident reports, and disciplinary Notes of patent Ryan Wilkerson
Place: Date and Time: Three, weeks from
COALINGA STATE HOSPITAL date of Service
[] Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place: Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule, 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(c) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.
Date: MAY 07, 2019 Marianne Matherly, Clerk
CLERK OF COURT
______________________________________ OR ______________________
Signature of Clerk or Deputy Clerk Attorney's signature
The name, address, e-mail address, and, telephone number of the attorney representing (name of party) ________ _________________________________, who issues or requests this subpoena, are: ___________________________________________________________________________________________
Notice to the person who issues or requests this subpoena
A notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P..45.)
I received this subpoena for (name of individual and title, if any) Mr. Brandon Price, Executive Director on (date) April 20, 2019.
[✓] I served the subpoena by delivering a copy to the named person as follows: I Roger Walker Returned this information back to the clerk of the United States District Court, Fresno, California on (date) May 1, 2019; or
[✓] I returned the subpoena unexecuted because: I believe this is Required by the district court
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of $ ______________.
My fees are $ _________ for travel and $ ________ for services, for a total of $ 0.00
I declare under penalty of perjury that this information is true.
Date: May 1, 2019 Mr. Roger Walker
Server's signature
Mr. Roger Walker, Pro Se Litigant
Printed name and title
P.O. Box 5003, Coalinga, Ca. 93210-5003
Server's address
Additional information regarding attempted service, etc.
