McGraw v. Adams et al

Filing 162

ORDER directing the Clerk to issue subpoenas for the USM to serve without prepayment of costs or fees therefore on Randy Jackson, Larry Gragg, and Jessie Nelson to appear at the jury trial scheduled 9/22/2015 at 9:00 a.m. in Little Rock. Signed by Magistrate Judge Joe J. Volpe on 9/16/2015. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RAMON HOSEA MCGRAW,
ADC #14102
Plaintiff,
v.
EDWARD ADAMS, Captain,
W.C. Brassell Detention Facility; et al.
Defendants.

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No. 5:12CV00260-JJV

ORDER
Plaintiff’s attorney submitted a Pretrial Disclosure Sheet (Doc. No. 157) that included a list
of expected witnesses. The Court asked Defendants to ensure the appearance of the witnesses in
Arkansas Department of Correction (ADC) employment. Three witnesses are no longer employed
by the ADC so Defendants have produced last known addresses for these witnesses. The Court will
attempt to subpoena these witnesses at the addresses provided.
Although the Court will issue a subpoena for these witnesses, the Court cannot compel their
appearance. 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.
45(b)(1). In addition, 28 U.S.C. § 1915(a) allows for the waiver of prepayment of “fees or costs,”
but 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 does not provide any payment of witness fees, and Plaintiff
is forewarned that, unless he tenders the $40 witness fee and payment for mileage to the witness, the
law does not permit the Court to compel a witness to testify.
The Clerk of the Court shall issue subpoenas directing the appearance of the following
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witnesses at the September 22, 2015, Jury Trial at 9:00 a.m., United States District Court, 500 W.
Capitol Avenue, Courtroom 2C, Little Rock, Arkansas 72201: Randy Jackson, Larry Gragg, and
Jessie Nelson. The United States Marshal shall serve these subpoenas without payment of costs or
fees therefore.
IT IS SO ORDERED this 16th day of September, 2015.

_____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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