Choate v. Weidick ( 2021 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Stephen Choate, Case No. 2:18-cv-01958-JAD-DJA 6 Plaintiff, 7 Order Granting Request for Issuance of v. a Subpoena. 8 Chris Weidick, 9 Defendant. 10 11 12 This is an action arising out of Plaintiff Stephen Choate’s claims that Defendant Chris 13 Weidick violated Plaintiff’s First and Fourteenth Amendment rights. Plaintiff is an inmate at the 14 Southern Desert Correctional Center. Plaintiff attempted to serve Weidick by naming Weidick’s 15 employer—the Clark County School District—in an amended complaint. In adopting the report 16 and recommendation to dismiss Plaintiff’s claims against CCSD, District Judge Jennifer A. 17 Dorsey pointed out that Plaintiff might obtain Weidick’s address by issuing a subpoena duces 18 tecum to CCSD asking it to file Weidick’s current or last-known address under seal. In response, 19 Plaintiff filed a motion for the Court to issue a subpoena duces tecum to CCSD, styled as a 20 “notice of proposed subpoena duces tecum.” Because the Court construes pro se pleadings 21 liberally and because Plaintiff is complying with Judge Dorsey’s order, the Court liberally 22 construes and grants Plaintiff’s motion for issuance of a subpoena duces tecum to CCSD. 23 I. Discussion. 24 The Court liberally construes pro se pleadings. See Balistreri v. Pacifica Police Dep’t, 25 901 F.2d 696, 699 (9th Cir. 1990). Plaintiffs proceeding in forma pauperis are also entitled to 26 rely on the U.S. Marshal for service. See Fed. R. Civ. P. 4(c)(3). To serve a subpoena, a party 27 must first obtain a subpoena, signed by the Clerk of Court. See Fed. R. Civ. P. 45(a)(3). 1 Here, the Court liberally construes Plaintiff’s notice as a request for issuance of a 2 subpoena. Because Plaintiff is attempting to follow Judge Dorsey’s order, the Court grants his 3 request to obtain a subpoena. Plaintiff must follow the steps outlined in this Order to ensure 4 proper service. 5 6 IT IS THEREFORE ORDERED as follows: 7 • The Clerk of Court is kindly directed to issue a subpoena duces tecum to the Custodian of 8 Records at CCSD directing the custodian to provide the last known address and telephone 9 number of Chris Weidick: 10 • The Clerk of Court shall then deliver the subpoena duces tecum, the summons, complaint, 11 and a copy of this Order to the U.S. Marshal Service. 12 • The U.S. Marshal Service is kindly directed to serve the subpoena duces tecum as well as 13 a copy of this Order on the Custodian of Records for CCSD. 14 • The Custodian of Records shall respond to the subpoena duces tecum within fourteen days 15 of receipt. The Custodian shall provide its response to the U.S. Marshal Service and the 16 U.S. Marshal Service shall retain Chris Weidick’s last known address and phone number 17 under seal. 18 • Within thirty days of receiving the information from CCSD, the U.S. Marshal Service 19 shall use the information provided by CCSD to attempt to serve the summons and 20 complaint on Chris Weidick. The U.S. Marshal Service shall provide Plaintiff with a 21 USM-285 form (without listing Weidick’s address or phone number) indicating whether 22 service was effectuated. 23 • Plaintiff shall file the USM-285 within ten days after receiving it from the U.S. Marshal 24 Service. 25 • If the U.S. Marshal Service is unable to serve Weidick and Plaintiff wishes to have service 26 again attempted on Weidick, a motion must be filed with the court specifying a more 27 detailed name and/or address for Weidick, or whether some other manner of service 1 should be attempted. Under Rule 4(m) of the Federal Rules of Civil Procedure, service 2 must be accomplished within ninety days from the date this order is entered. 3 4 DATED: August 19, 2021 5 DANIEL J. ALBREGTS 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27