Benjamin F. Ellis v. Gabriel Williams, et al.

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 BENJAMIN F. ELLIS, No. 2:23-cv-01962 WBS SCR P 11 Plaintiff, 12 v. ORDER 13 GABRIEL WILLIAMS, et al., 14 Defendants. 15 16 Plaintiff is incarcerated in state prison and proceeding pro se and in forma pauperis with 17 this civil rights action under 42 U.S.C. § 1983. Pending before the undersigned is plaintiff’s 18 request for issuance of subpoenas duces tecum on nonparty California Health Care Facility 19 (“CHCF”) pursuant to Federal Rule of Civil Procedure 45. (ECF No. 39.) The request describes 20 documents sought from five departments within CHCF across 2022 and 2023 relating to 21 plaintiff’s need for a specialized lightweight wheelchair. (Id. at 1-3.) Plaintiff explains that the 22 subpoenas are necessary because he tried to obtain the documents from defendants through a 23 request for production “to no avail.” (Id. at 1.) 24 Among other requirements, the decisions of this District require that a motion for issuance 25 of a subpoena duces tecum be…