Brown v. Pollock et al
ORDER re 75 Witness List filed by Patrick Igwe Brown. Three of the six witnesses will be permitted to testify. The Court will issue a subpoena for witness Torish Young, 403 W. Bowles, Dumas, AR 71639, at the March 7, 2012, hearing at 9:30 a.m., U .S. District Court, 600 W. Capitol Avenue, Courtroom 4B, Little Rock, AR 72201. The U.S. Marshal is directed to serve this subpoena without payment of fees therefor. Plaintiff is directed to pay the $40 witness fee, or the witness will not be compelled to testify. The ADC is directed to ensure the attendance of requested witnesses, Glen Brown and Kenneth Osburn. The Clerk shall forward a copy of this Order to the ADC Central Transportation/Medical Services, 7203 West 7th Street, Pine Bluff, AR 71603. Signed by Magistrate Judge Jerome T. Kearney on 2/22/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PATRICK IGWE BROWN
JOSE POLLOCK, et al.
In anticipation of the Evidentiary Hearing scheduled on March 7, 2012, in Little Rock,
Arkansas, Plaintiff has submitted a Witness List (Doc. No. 75) requesting six witnesses. Defendants
filed a Response to the Witness List, stating that none of the requested witnesses are employed by
Ashley County and that they will not be able to ensure the attendance of them. Having performed
a careful review of Plaintiff’s proposed witness list, the Court finds that three of his requested
witnesses should be permitted.1 However, Plaintiff does not provide a current address for requested
witnesses William Robinson and Thompson. Therefore, the Court will deny his request for these
The Court will issue a subpoena for requested witness Torish Young. The Clerk of the
Court is hereby directed to issue a subpoena directing the appearance of Torish Young, 403 W.
Bowles, Dumas, AR 71639, at the March 7, 2012, hearing at 9:30 a.m., United States District Court,
600 W. Capitol Avenue, Courtroom 4B, Little Rock, Arkansas 72201. The United States Marshal
is directed to serve this subpoena without payment of costs or fees therefore. Plaintiff is hereby
notified that Rule 45(b) of the Federal Rules of Civil Procedure requires service to be accomplished
by “tendering the fees for 1 day’s attendance and the mileage allowed by law.” Fed.R.Civ.P.
Plaintiff has also been directed to supplement his witness request with respect to his request
for Dr. Luwellen. (Doc. No. 83).
45(b)(1). Witness fees are $40 per day and $.55 per mile, round trip from the witness’ residence to
where they must appear. 28 U.S.C. § 1821(b). While 28 U.S.C. § 1915(a) allows for the waiver of
prepayment of “fees or costs,” it does not authorize federal courts to waive or order payment of
witness fees for a civil litigant proceeding in forma pauperis. United States Marshals Service v.
Means, 741 F.2d 1053, 1056-57 (8th Cir. 1984). Accordingly, the Court will not provide the $40
witness fee and, unless Plaintiff tenders the $40 witness fee, there is no authority to compel his
witness to testify.
The Arkansas Department of Correction is hereby directed to ensure the attendance of
requested witnesses Glen Brown, ADC #116584 and Kenneth Osburn, ADC #079267, at the March
7, 2012 Hearing.
The Clerk of the Court is directed to forward a copy of this Order to the Arkansas
Department of Correction Central Transportation/Medical Services, 7203 West 7th Street, Pine
Bluff, AR 71603.
IT IS SO ORDERED this 22nd day of February, 2012.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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