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CARBAJAL v. WARNER, 10-cv-02862-REB-KLM. (2013)

Court: District Court, D. Colorado Number: infdco20130606a24 Visitors: 9
Filed: Jun. 04, 2013
Latest Update: Jun. 04, 2013
Summary: ORDER KRISTEN L. MIX, Magistrate Judge. This matter is before the Court on Plaintiff's Motion for an Order Directing the US Marshals to Serve the Attached Subpoena Duces Tecum [Docket No. 495; Filed May 31, 2013] (the "Motion"). In the Motion, Plaintiff requests that the Court enter an Order permitting service of subpoenas pursuant to Fed. R. Civ. P. 45 on non-parties for documents allegedly relevant to the present litigation. Fed R. Civ. P. 45 governs the Court's issuance of subpoenas to
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ORDER

KRISTEN L. MIX, Magistrate Judge.

This matter is before the Court on Plaintiff's Motion for an Order Directing the US Marshals to Serve the Attached Subpoena Duces Tecum [Docket No. 495; Filed May 31, 2013] (the "Motion"). In the Motion, Plaintiff requests that the Court enter an Order permitting service of subpoenas pursuant to Fed. R. Civ. P. 45 on non-parties for documents allegedly relevant to the present litigation.

Fed R. Civ. P. 45 governs the Court's issuance of subpoenas to compel production or inspection of documents from non-parties. A subpoena may be issued by the Court, the Clerk of the Court, or an attorney as an officer of the Court for witnesses and documents found within its jurisdiction. See Fed. R. Civ. P. 45(a)(2), (3); U.S. Catholic Conference v. Abortion Rights Mobilization, Inc., 487 U.S. 72 (1988). Thus, a pro se litigant who is not a licensed attorney may not issue subpoenas on his own and must seek them from the Court. See United States v. Meredith, 182 F.3d 934, at *1 (10th Cir. 1999). Although the Court may quash a subpoena after service, the Court apparently has no discretion to deny issuance of subpoenas on request. Thus,

IT IS HEREBY ORDERED that the Motion [#495] is GRANTED.

Due to Plaintiff's status as an incarcerated individual,

IT IS FURTHER ORDERED that the United States Marshal shall serve the subpoenas filed as part of the Motion, along with a copy of this Order. See Motion [#495] at 3-44. All costs of service shall be advanced by the United States.

Source:  Leagle

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