Elliott
(PC) Ackerson v. Elliott
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELTON ACKERSON, No. 2:21-cv-2205 WBS KJN P Plaintiff, v. ORDER ELLIOTT, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On September 12, 2022, plaintiff filed a request to subpoena certain documents. Plaintiff seeks various documents and video recordings from nonparty Sacramento County Sheriff Scott Jones. As discussed below, plaintiff’s request is denied. Applicable Law Pursuant to Federal Rule of Civil Procedure 45(a)(2), a subpoena duces tecum may direct a non-party to an action to produce documents or other tangible objects for inspection. A subpoena must be personally served or it is null and void. Fed. R. Civ. P. 45(c); Gillam v. A. Shyman, Inc., 22 F.R.D. 475 (D. Alaska 1958). Because plaintiff is proceeding in forma pauperis, he is entitled to obtain personal service of an authorized subpoena duces tecum by the United States Marshal. 28 U.S.C. § 1915(d). However, this…