Nelson v. Jones et al (INMATE 2)
ORDER directing that, to the extent that the plf seeks the issuance of a subpoena for R.N. Tamika Ward, the 109 motion be and is hereby GRANTED; directing the clerk to issue the subpoena; to the extent that the plf seeks to have the court tender the fees, or be excused from tendering the fees, the motion be and is hereby DENIED. Signed by Honorable Judge Charles S. Coody on 6/23/16. (djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CURTIS EDWARD NELSON,
AIS # 175965,
) CIVIL ACTION NO.: 2:14cv855-CSC
EDWARD D. HAYNES, et al.,
Now pending before the court is the plaintiff’s application to proceed in forma pauperis
(doc. # 109) in which he seeks to have a subpoena issued without tendering the requisite fees.
Regardless of whether the plaintiff is a pauper, FED.R.CIV.P. 45(c) requires that a subpoena be
accompanied by an attendance fee ($40.00 per day), a subsistence fee ($99.00 per day) if
overnight stay is required, and actual expenses of a common carrier or mileage (54¢ per mile
each way), or it need not be obeyed. Thus, the subpoena will issue. However, without the fees,
the witness will be advised that she is not required to obey the subpoena. Accordingly, upon
consideration of the motion, and for good cause, it is
ORDERED that, to the extent that the plaintiff seeks the issuance of a subpoena for R.N.
Tamika Ward, the motion (doc. # 109) be and is hereby GRANTED. The Clerk of the Court
is DIRECTED to issue the subpoena. To the extent that the plaintiff seeks to be have the court
tender the fees, or be excused from tendering the fees, the motion be and is hereby DENIED.
Done this 23rd day of June, 2016.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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