Opinion
Case No. 1:13-cv-00599-LJO-SKO (PC)
09-17-2015
FELIPE GARCIA, Plaintiff, v. M. BITER, et al., Defendants.
ORDER DENYING REQUEST FOR CLERK OF COURT TO ISSUE SUBPOENA DUCES TECUM (Doc. 56)
Plaintiff Felipe Garcia, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 25, 2013. Discovery opened on July 1, 2015, and on September 16, 2015, Plaintiff filed a request to the Clerk of the Court for the issuance of a subpoena duces tecum. Fed. R. Civ. P. 45.
The Clerk's Office will issue Plaintiff a subpoena only upon order of the Court and in this instance, Plaintiff is seeking to subpoena records from Defendants. Plaintiff must seek documents from Defendants via a request for the production of documents, not a subpoena duces tecum. Fed. R. Civ. P. 34.
Further, Plaintiff is placed on notice that the Court will authorize the Clerk's Office to issue a subpoena duces tecum commanding a third party to produce documents only
Accordingly, Plaintiff's request is HEREBY DENIED. IT IS SO ORDERED. Dated: September 17 , 2015
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
if (1) Plaintiff is unable to obtain the documents directly from Defendants and (2) he thereafter files a motion to compel which results in a determination that he is entitled to the documents but Defendants lack possession, custody, or control over them. See Fed. R. Civ. P. 45(d) (parties have a duty to avoid imposing undue burden or expense on person subject to subpoena and courts are required to enforce this duty) (quotation marks omitted); Oilier v. Sweetwater Union High School Dist., 768 F.3d 843, 862 (9th Cir. 2014) (district courts have "wide discretion in controlling discovery.") (internal quotation marks and citation omitted).