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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CARLOS QUIROZ, 10 11 12 13 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 14 15 Defendants. / 16 17 Plaintiff Carlos Quiroz (“Plaintiff”) is a prisoner in the custody of the California 18 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding against 19 Defendants Attygalla and Shen for violation of the Eighth Amendment. 20 On January 13, 2011, the Court issued an order directing the United States Marshals 21 Service to serve Drs. Rejenda Dwivide and Roger Low with subpoenas and money orders for 22 attendance at trial on August 23, 2011. That trial date has now been vacated. The subpoenas 23 were thus unnecessary, and vacated. Pursuant to 28 U.S.C. § 1821, Drs. Low and Dwivide were 24 also served with money orders for purposes of appearing before the Court on August 23, 2011 as 25 witnesses for trial in this action. Because these witnesses are no longer needed for an August 23, 26 2011 trial, the money orders are no longer necessary and need not have been issued. The Court 27 will order Drs. Low and Dwivide to return the money orders to Plaintiff’s counsel. Plaintiff’s 28 counsel will hold these money orders in trust for Plaintiff. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. Doctors Rejenda Dwivide and Roger Low are to return the money orders that they 3 received pursuant to 28 U.S.C. § 1821 as fees for appearing as witnesses for trial 4 in this action, within thirty (30) days from the date of service of this order; 5 2. 6 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 7 8 9 3. Plaintiff’s counsel is to retain these money orders in trust for Plaintiff; and 10 4. The Clerk of the Court is directed to serve this order by mail on doctors Dwivide 11 and Low using the addresses listed on the certificates of service (Docs. 73 and 12 78). 13 IT IS SO ORDERED. 14 Dated: August 12, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?