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Saterstad v. Stover

November 14, 2006

EDWARD SATERSTAD, PLAINTIFF
v.
KEVIN STOVER, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of November, 2006, upon consideration of pro se plaintiff's*fn1 correspondence requesting five civil case subpoenas (Doc. 8), see FED. R. CIV. P. 45(a)(3) ("The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it . . . ."),*fn2 it is hereby ORDERED that:

1. The request for subpoenas (Doc. 8) is GRANTED as follows:

a. The Clerk of Court is directed to issue to plaintiff five (5) subpoenas, signed but otherwise in blank. See FED. R. CIV. P. 45(a)(3).

b. Plaintiff shall be permitted to file with the court, on or before December 13, 2006, one or more subpoenas, completed in accordance with Federal Rule of Civil Procedure 45.

c. The court shall direct service of any timely and properly completed subpoenas as it deems appropriate.

d. Plaintiff shall not mail the completed subpoenas to or otherwise attempt to serve the completed subpoenas on the person(s) named therein. See FED. R. CIV. P. 45(b)(1); see also id. 45 cmt. § C45-9. Failure to comply with this provision will result in the imposition of sanctions, potentially including dismissal of the above-captioned case. See FED. R. CIV. P. 16(f), 41(b).

2. The Clerk of Court is directed to send to plaintiff, via United States mail, an application to proceed in forma pauperis.

3. Plaintiff shall file, on or before December 13, 2006, a renewed application to proceed in forma pauperis. Failure to comply with this paragraph will result in the assessment of any service fees on plaintiff.

CHRISTOPHER C. CONNER United States ...


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