Opinion
Case No. 2:09-cv-728-FtM-29SPC.
March 18, 2010
ORDER
This matter comes before the Court on the Plaintiff, Ralph H. Esposito, Jr.'s Motion to Issue a Subpoena (Doc. #40) filed on March 8, 2010. The Plaintiff moves the Court to issue a subpoena upon the non-party Jennifer Lee Kranites.
Federal Rule of Civil Procedure 45 details the process of issuing subpoenas upon non-parties. The Plaintiff appears to know that a subpoena is issued pursuant to Fed.R.Civ.P. 45, as he attached a copy of the rule to his Motion. However, the Plaintiff's Motion does not comply with Rule 45. The Plaintiff is reminded that despite his pro se status, it is mandatory that he proceed in accordance with the Federal and Local Rules. Loren v Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (holding that even pro se parties must follow procedures). Because the Motion is deficient and not in compliance with the Federal and Local Rules, it is due to be denied.
Accordingly, it is now
ORDERED:
The Plaintiff, Ralph H. Esposito, Jr.'s Motion to Issue a Subpoena (Doc. #40) is DENIED. DONE AND ORDERED at Fort Myers, Florida.