James Scott v. A. Ventura, et al.

Summary

The United States District Court for the Northern District of California grants James Scott’s request for blank subpoena forms in his pro se civil rights action. The court directs the Clerk to provide two subpoena duces tecum forms and explains the requirements for obtaining issuance and United States Marshal service on a non-party. The court cautions that it will not issue a subpoena to depose an unidentified officer and terminates the request docketed as Dkt. No. 8.

Holdings

1. The court construed Plaintiff's request for a subpoena to an unidentified non-party as a request for blank subpoena forms and granted that request.
2. A pro se plaintiff seeking issuance of a non-party subpoena and service by the United States Marshal must submit a completed subpoena and a motion showing the relevance of the requested information, that its relevance outweighs the non-party's burden and expense, that the information is obtainable only through the identified third party, and how recording costs will be borne.
3. The court would not issue a subpoena to depose the unidentified institutional security unit officer because the United States Marshal Service cannot serve an unknown person.

Questions Presented

1. Whether Plaintiff was entitled to blank subpoena forms to pursue non-party discovery.
2. What requirements and limitations apply to an in forma pauperis prisoner's request for issuance and service of a subpoena duces tecum on a non-party.
3. Whether the court could authorize a subpoena to depose an unidentified institutional security unit officer.

Disposition

other