UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
April 21, 2006
BRIAN HAWKS, PLAINTIFF,
COMMISSIONER ROCCO DIINA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Hugh B. Scott
Before the Court is plaintiff's motion to compel production from non-parties, the Erie County District Attorney and Emily Trott, Esq., plaintiff's former criminal defense counsel (Docket No. 19). Plaintiff did not serve a subpoena pursuant to Fed. R. Civ. P. 45; rather, he served notices to produce documents under Rule 34. Rule 34 applies to production by a party in an action and not for non-parties. See Fed. R. Civ. P. 34(c) ("a person not a party to the action may be compelled to produce documents and things or to submit to an inspection as provided in Rule 45"); Hickman v. Taylor, 329 U.S. 495 (1947). Absent the subpoena, this Court lacks jurisdiction over non-parties the District Attorney and Ms. Trott to compel their production. Therefore, plaintiff's motion is denied.
Honorable Hugh B. Scott United States Magistrate Judge
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