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Hawks v. Diina

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 21, 2006

BRIAN HAWKS, PLAINTIFF,
v.
COMMISSIONER ROCCO DIINA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Hugh B. Scott

Order

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.

So Ordered.

Honorable Hugh B. Scott United States Magistrate Judge

20060421

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