Opinion
3:21-cv-00121-PSH
06-01-2022
KENNETH BURTON ADC #161520 PLAINTIFF v. BIANCA JACKSON DEFENDANT
ORDER
Before the Court is a Motion to Compel filed by Plaintiff Kenneth Burton on May 23, 2022, seeking an order compelling the Arkansas Division of Corrections' (ADC) Records Custodian to comply with a subpoena previously issued (Doc. No. 26). On April 18, 2022, the subpoena was returned unexecuted with a notation that the ADC office in Pine Bluff would not accept it (Doc. No. 24). The Court obtained instructions for serving the subpoena and ordered the U.S. Marshal to re-serve the subpoena. See Doc. No. 25. The U.S. Marshal has returned proof of service indicating that the subpoena was served on May 24, 2022. See Doc. No. 27.
Burton's motion is DENIED because it was filed before the ADC Records Custodian had been served with the subpoena and had an opportunity to comply or file objections. See Fed.R.Civ.P. 45(d)(2)(B) (allowing 14 days to file objections to a subpoena to produce documents or electronically stored information).
IT IS ORDERED.