LUSERO v. WELT

Full title: LOREN R. LUSERO, Plaintiff, v. JOHN WELT, Correctional Lieutenant, PA…

Court: United States District Court, D. Colorado

Date published: Aug 13, 2007

Civil Action No. 06-cv-01214-WYD-CBS (D. Colo. Aug. 13, 2007)

Opinion

Civil Action No. 06-cv-01214-WYD-CBS.

August 13, 2007

ORDER

CRAIG SHAFFER, Magistrate Judge

This civil action comes before the court on Mr. Lusero's "Motion to Serve Subpoena on Defendant Welt Without Prepayment of Costs" (filed August 10, 2007) (doc. # 51). Pursuant to the Order of Reference dated August 8, 2007 (doc. # 47) and the memorandum dated August 10, 2007 (doc. # 52), this matter was referred to the Magistrate Judge. The court has reviewed the matter, the entire case file and the applicable law and is sufficiently advised in the premises.

Mr. Lusero again requests "two tapes." ( See docs. # 46 and # 47). Mr. Lusero's request is premature and unnecessary. As Defendants have not yet been served with this civil action, they are not parties to the action. Once Defendants are parties in the case, other discovery avenues will be available to Mr. Lusero and a subpoena may not be necessary. Accordingly,

IT IS ORDERED that Mr. Lusero's "Motion to Serve Subpoena on Defendant Welt Without Prepayment of Costs" (filed August 10, 2007) (doc. # 51) is DENIED.