Gould v. Campbell

Full title: ELIOT PAUL GOULD, Plaintiff, v. JOSEPH CAMPBELL, et al., Defendants

Court: United States District Court, D. New Mexico

Date published: Jun 11, 2008

Civ. No. 08-0505 MV/DJS (D.N.M. Jun. 11, 2008)

Opinion

Civ. No. 08-0505 MV/DJS.

June 11, 2008

MEMORANDUM OPINION AND ORDER

MARTHA VAZQUEZ, District Judge

THIS MATTER comes before the Court on Plaintiff's Motion to Issue Summons, filed June 9, 2008, [Doc. No. 10]. In his motion, Plaintiff requests that the Court issue summons to every person whose signature appears on an attached nominating petition. Plaintiff's motion is procedurally improper. A summons is prepared by a plaintiff and issued by the clerk's office. See Fed.R.Civ.P. 4. A summons is not obtained by filing a motion. Furthermore, a summons is only issued to a defendant in a case, not to third parties. Id. To the extent Plaintiff intended to seek subpoenas for these third parties, the motion still fails. Subpoenas are also issued by the clerk and served by the requesting party. See Fed.R.Civ.P. 45.

IT IS THEREFORE ORDERED that Plaintiff's Motion to Issue Summons, filed June 9, 2008, [Doc. No. 10], is DENIED. Plaintiff, who has filed a number of improper motions to date, is instructed to read the Federal Rules of Civil Procedure as well as this Court's Local Civil Rules.