IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
March 25, 2013
DONNIE D. WHITE, PLAINTIFF,
JOANNA K. HOSCH, SARAH JESSICA ROBERTSON, GENEVA ELAINE BONIFIELD AND REBECCA ADAMS, DEFENDANTS.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff's appeal (Doc. 48) of Magistrate Judge Philip M. Frazier's order (Doc. 46) instructing plaintiff he must obtain subpoenas from the Central District of Illinois. Plaintiff's subpoenas seek the production of documents from the Illinois Department of Corrections in Springfield Illinois to be produced at the facility in which plaintiff is incarcerated in Pontiac, Illinois, located within the Central District of Illinois.
A district court reviewing a magistrate judge's decision on nondispositive issues should modify or set aside that decision if it is clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A). Accordingly, the Court will affirm Magistrate Judge Frazier's decision unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. Id.
A subpoena for the production of documents must issue "from the court for the district where the production . . . is to be made." Fed. R. Civ. P. 45(a)(2)(C). Accordingly, Judge Frazier's order directing plaintiff to obtain a subpoena from the Central District of Illinois for documents to be produced within that district was not contrary to law. Thus, the Court DENIES plaintiff's appeal (Doc. 48) of Judge Frazier's order IT IS SO ORDERED.
J. Phil Gilbert
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