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

Summary

The United States District Court for the Eastern District of California grants Benjamin F. Ellis’s request for issuance of five subpoenas duces tecum to departments within the California Health Care Facility. The court finds that the requested documents are relevant, clearly identified, and not within defendants’ possession or control. The Clerk is directed to provide signed blank subpoena forms, which Ellis must complete and return for potential service by the United States Marshal.

Holdings

1. The court granted plaintiff's request because he clearly identified the requested documents, established their relevance to his claims, and showed that the documents were not in defendants' possession or control and were uniquely available through CHCF officials.
2. Because plaintiff had been granted in forma pauperis status, he was entitled to obtain personal service of an authorized subpoena duces tecum by the United States Marshal under 28 U.S.C. § 1915(d), subject to proper completion of the subpoena forms.

Questions Presented

1. Whether plaintiff demonstrated that the requested nonparty documents were relevant, sufficiently identified, and obtainable only through CHCF so that the court should issue subpoenas duces tecum under Federal Rule of Civil Procedure 45.
2. What procedural conditions should govern issuance and service of the subpoenas, including completion of the forms, identification of the recipient, service by the United States Marshal, and potential payment of nonparty compliance costs.

Disposition

other