(PC) Johnson v. PTS of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JACK JOHNSON III, Case No. 1:18-cv-0434-NONE-JLT (PC)

Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR SUBPOENA

v. (Doc. 31) PTS OF AMERICA, et al., Defendants.

16 Plaintiff, proceeding in forma pauperis, moves for a subpoena directed to the Fresno 17 County Superior Courthouse for surveillance video of an automobile accident. (Doc. 31.) The 18 Court’s authorization of a subpoena duces tecum requested by an in forma pauperis plaintiff is 19 subject to limitations. Because personal service of a subpoena duces tecum is required, Federal 20 Rule of Civil Procedure 45(b), “[d]irecting the Marshal's Office to expend its resources 21 personally serving a subpoena is not taken lightly by the court,” Austin v. Winett, 2008 WL 22 5213414, *1 (E.D. Cal. 2008); 28 U.S.C. § 1915(d). Limitations include the relevance of the 23 information sought as well as the burden and expense to the non-party in providing the requested 24 information. Fed. R. Civ. P. 26, 45. A motion for issuance of a subpoena…