Opinion
Civil Action No. 05-cv-01028-EWN-BNB.
October 5, 2006
ORDER
This matter is before me on the plaintiff's Motion to Issue Subpoena [Doc. #61, filed 9/15/06] (the "Motion"). The plaintiff requests that the court issue a subpoena because "a good faith effort failed to reach an agreement on the following request for production of documents. . . ." Motion, p. 2. I construe the Motion as a motion to compel discovery.
The plaintiff requests that the defendants be ordered to produce portions of the transcript from the plaintiff's criminal trial which contain the testimony of Douglas County Deputies Attila Denes and Anthony Jenkins, as well as the closing argument of Assistant District Attorney Kevin Ellman. He claims that the defendants objected to production of the documents on the basis that they are not within their custody and control.
Without addressing the defendants' objections, I deny the Motion because the plaintiff has made no showing that the requested documents are relevant to his case. He makes only the following conclusory statements:
Plaintiff request[s] specific trial record documents to offer [proof of] evidence of prior similar transactions. The production of similars [sic] levels the playing field by placing all events, behaviors and testimony of witnesses into a proper context. Furthermore it will allow the trier of fact to make informed decisions regarding credibility, intent and modus operandi.Motion, pp. 1-2.
IT IS ORDERED that the Motion is DENIED.