Quiroz v. California Department of Corrections and Rehabilitation, et al

Filing 88

ORDER REQUIRING Witnesses to Return Money Orders to Plaintiff's Counsel; Thirty Day Deadline signed by Magistrate Judge Dennis L. Beck on 8/12/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS QUIROZ,

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CASE NO. 1:06-CV-01426-OWW-DLB PC
Plaintiff,

ORDER REQUIRING WITNESSES TO
RETURN MONEY ORDERS TO
PLAINTIFF’S COUNSEL

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

(DOC. 87)
THIRTY DAY DEADLINE

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Defendants.
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Plaintiff Carlos Quiroz (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding against

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Defendants Attygalla and Shen for violation of the Eighth Amendment.

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On January 13, 2011, the Court issued an order directing the United States Marshals

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Service to serve Drs. Rejenda Dwivide and Roger Low with subpoenas and money orders for

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attendance at trial on August 23, 2011. That trial date has now been vacated. The subpoenas

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were thus unnecessary, and vacated. Pursuant to 28 U.S.C. § 1821, Drs. Low and Dwivide were

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also served with money orders for purposes of appearing before the Court on August 23, 2011 as

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witnesses for trial in this action. Because these witnesses are no longer needed for an August 23,

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2011 trial, the money orders are no longer necessary and need not have been issued. The Court

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will order Drs. Low and Dwivide to return the money orders to Plaintiff’s counsel. Plaintiff’s

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counsel will hold these money orders in trust for Plaintiff.
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Accordingly, it is HEREBY ORDERED that:

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1.

Doctors Rejenda Dwivide and Roger Low are to return the money orders that they

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received pursuant to 28 U.S.C. § 1821 as fees for appearing as witnesses for trial

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in this action, within thirty (30) days from the date of service of this order;

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2.

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Doctors Dwivide and Low are to mail the money orders to the following address:
Jonathan Acker Shapiro
Wilmer Cutler Pickering Hale and Dorr, LLP
950 Page Mill Road
Palo Alto, CA 94304

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3.

Plaintiff’s counsel is to retain these money orders in trust for Plaintiff; and

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4.

The Clerk of the Court is directed to serve this order by mail on doctors Dwivide

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and Low using the addresses listed on the certificates of service (Docs. 73 and

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78).

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IT IS SO ORDERED.

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Dated:

August 12, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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