Hackworth v. Rangel et al

Filing 108

ORDER Regarding Witness Fees, signed by Magistrate Judge Michael J. Seng on 8/28/13. Money Orders Due September 9, 2013. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT HACKWORTH,
Plaintiff,

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v.

Case No. 1:06-cv-00850-AWI-MJS (PC)
ORDER REGARDING WITNESS FEES
MONEY ORDERS DUE SEPTEMBER 9,
2013

P. RANGEL, et al.,
Defendants.

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Plaintiff Robert Hackworth is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed July 6, 2006 pursuant to 42 U.S.C. § 1983. (ECF

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No. 1.) This matter proceeds on Plaintiff’s excessive force claim against Defendant

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Rangel. (ECF No. 20.)

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Pursuant to the Court's second scheduling order, (ECF No. 92), Plaintiff was

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required to notify the Court of the names and location of each unincarcerated witness he

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intends to call at trial. The Court would then inform the Plaintiff of the travel expense for

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each witness he wishes to subpoena and require Plaintiff to submit a money order by

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September 9, 2013, made payable to the witness. The appropriate amount is a daily fee of

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$40.00 plus travel expenses. 28 U.S.C. § 1821. Plaintiff is required to submit these money

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orders prior to the issuance of any subpoena and service by the United States Marshal.

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Plaintiff intends to call five CDCR officials as witnesses. Plaintiff lists the location of
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witness Battles as Salinas Valley State Prison, which is located at 31625 Highway 101

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Soledad, California. The round trip mileage from Soledad to Fresno is 282.8 miles. The

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mileage rate is 56.5 cents per mile. The total mileage fee for Battles is $ 159.78.

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Accordingly, for witness Battles whom Plaintiff wishes to subpoena, Plaintiff must submit a

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money order payable to witness Battles in the amount of $ 199.78.
Plaintiff lists the location of witnesses Tsung, Smith, Materson, and Renterta as

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California State Prison, Corcoran, which is located at 4001 King Avenue, Corcoran,

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California. The round trip mileage from Corcoran to Fresno is 108.4 miles. The mileage rate

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is 56.5 cents per mile. The total mileage fee for each of these witnesses is $ 61.25.

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Accordingly, for the witnesses from Corcoran whom Plaintiff wishes to subpoena, Plaintiff

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must submit a money order payable to each witness in the amount of $ 101.25.

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IT IS SO ORDERED.

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Dated:

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August 28, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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