Opinion
Case No. 3:16-cv-00620-SB
07-31-2017
MARIO LEE JOHNSON, Plaintiff, v. JENNIFER SPIVEY; MOLLY STRONG, Defendants.
ORDER
BECKERMAN, Magistrate Judge.
Plaintiff Mario Johnson ("Plaintiff"), appearing pro se, has requested the issuance of a subpoena duces tecum (ECF 38). Specifically, Plaintiff asks the Court to issue a subpoena directed to Jesse B. Davis, counsel for Defendants Jennifer Spivey and Molly Strong, commanding the production of "all records (electronic and hard copies), all court transcripts and other tangible information relating to the C.P.S. case and juvenile dependency case re: minor child [W.M.], [A.M.], and [M.J.]"
Under FED. R. CIV. P. 34(c) and FED. R. CIV. P. 45(a)(D), the parties to a case in this court may obtain discovery from non-parties through a subpoena compelling the production of documents and tangible things, or permitting an inspection. FED. R. CIV. P. 45(a)(D) does not, however, apply to discovery sought from a party. See Wirtz v. Local Union 169, Intern. Hod Carriers' Bldg. and Common Laborers' Union of America, AFL-CIO, 37 F.R.D. 349, 351 (D. Nev. 1965) (subpoena duces tecum is not intended as substitute for request to produce where subpoena requires production of documents under control of party as distinguished from independent witness). Here, Plaintiff has other options for seeking discovery from Defendants. See FED. R. CIV. P. 26-36.
CONCLUSION
For these reasons, Plaintiff's request for issuance of a subpoena duces tecum (ECF No. 38) is DENIED.
IT IS SO ORDERED.
DATED this 31st day of July, 2017.
/s/_________
STACIE F. BECKERMAN
United States Magistrate Judge