Cabrera

(PC) Kindred v. Cabrera

Good Law
United States District Court, Eastern District of CaliforniaJuly 19, 20211:19-cv-00901California786 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD SCOTT KINDRED, 1:19-cv-00901-NONE-JLT (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S

MOTION FOR A SUBPOENA

v. (Doc. 18) WUILMER CABRERA, et al.,

Defendants. 16 On May 20, 2021, this Court issued findings and recommendations to dismiss the John Doe defendant. (Doc. 15.) During the pendency of the findings and rulings, Plaintiff filed a motion for a subpoena under Federal Rule of Civil Procedure 45. (Doc. 18.) The Court’s authorization of a subpoena duces tecum requested by an in forma pauperis plaintiff is subject to limitations. Because personal service of a subpoena duces tecum is required under Rule 45(b), “[d]irecting the Marshal's Office to expend its resources personally serving a subpoena is not taken lightly by the court,” Austin v. Winett, No. 1:04-cv-05104-DLB PC, 2008 WL 5213414, *1 (E.D. Cal. 2008); see also 28 U.S.C. § 1915(d). Limitations include the relevance of the information sought as well as the burden and…

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