Free Order - District Court of Delaware - Delaware

Case 1 :06-cv-OOOO1-GIVIS Document 95 Filed O2/25/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES W. RILEY, )
Plaintiff, )
v. ) Civ. Action No. 06-01-GMS
STANLEY TAYLOR, et al., g
Defendants. g
ORDER
The plaintiff, James W. Riley ("Ri1ey"), an inmate housed at the Delaware Correctional
Center ("DCC"), Smyrna, Delaware, filed this civil rights action pursuant to 42 U.S.C. § 1983
alleging deliberate indifference to serious medical needs. He proceeds pro se and has been
granted leave to proceed informa pauperis. The clerk of court recently received a letter from
Riley dated October 17, 2007, but postmarked December 14, 2007, asking for issuance of a
subpoena upon investigative reporter Lee Williams of The News Journal, a Delaware newspaper.
With his letter, Riley enclosed a subpoena form, improperly filled out and dated
September 17, 2007. The subpoena requests various types of information related to Mr.
Williams’ 2005 six—month investigation on prison health care at the Delaware Department of
Correction. A federal court has the inherent power to protect any one from oppressive use of
process, even if no oppression is actually intended. Badman v. Stark, 139 F.R.D. 601, 605 (M.D.
Pa. 1991) (citation omitted).
IT IS THEREFORE ORDERED, as follows:
1. Within twenty—0ne (21) days from the date of this order, the plaintiff shall submit a
declaration justifying his subpoena request and explain how the documents he seeks are relevant

Case 1:06-cv—OOOO1-G|\/IS Document 95 Filed O2/25/2008 Page 2 of 2
to his claims. The plaintiff shall also demonstrate his ability to pay for any costs associated with
issuance of the subpoena, such as photocopy fees, witness fees, or mileage.
2. The defendants shall file a response to the plaintiff s declaration within fourteen days
after the plaintiffs filing. -..
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CHIEF UNIT D STATES DISTRICT JUDG
M . .
/*/9 Z 5
,2007
Wilmington, Delaware F | L E D
I FEB 2 5 2008 I
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