Derwin Jules Jackson v. W. Sullivan, Et Al.

Filing 109

ORDER Regarding Witness Fees as to 108 ,signed by Magistrate Judge Gary S. Austin on 12/21/17. (Case Management Deadline: 1/8/2018) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERWIN JULES JACKSON,

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Plaintiff,

1:07-cv-00178-DAD-GSA-PC
ORDER REGARDING WITNESS FEES
(ECF No. 108.)

vs.
W. SULLIVAN, et al.,
Defendants.

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Derwin Jules Jackson (“Plaintiff”) is a state prisoner proceeding with counsel and in

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forma pauperis with this civil rights action brought pursuant to 42 U.S.C. § 1983. This case is

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scheduled for jury trial on March 6, 2018, at 1:00 p.m., before the Honorable Dale A. Drozd.

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On November 29, 2017, the court issued a Second Scheduling Order setting out pretrial

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information and deadlines for the parties, including instructions for Plaintiff to request the

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attendance of witnesses for trial. (ECF No. 103.) Plaintiff was advised that if he “wishes to

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obtain the attendance of one or more unincarcerated witnesses who refuse to testify voluntarily,

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Plaintiff must first notify the court in writing of the name and location of each unincarcerated

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witness[, and t]he court will calculate the travel expense for each unincarcerated witness and

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notify Plaintiff of the amount(s).” (Id. at 4:20-23.)

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On December 18, 2017, Plaintiff filed a notice regarding his prospective trial witnesses.

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(ECF No. 108.) In the notice, Plaintiff listed eight prospective witnesses and requested the

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court to calculate the travel expense for three of the witnesses, (1) Lt. Traynham, (2) N.

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Grannis, and (3) Dr. Wlodarczyk.
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The sum required for the attendance of an unincarcerated witness includes a daily

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witness fee of $40.00, plus the witness’s travel expenses. 28 U.S.C. ' 1821(b). Assuming the

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witness is traveling by personal car, the standard mileage rate beginning on January 1, 2018

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will be 54.5 cents for every mile driven.1 Using the addresses provided by Plaintiff, and

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computing round-trip travel by personal car to the Fresno courthouse, the travel expenses

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amount to the following:

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Lt. Traynham

316 miles round trip

54.5 cents/mile

$172.22

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N. Grannis

336 miles round trip

54.5 cents/mile

$183.12

Dr. Wlodarczyk

290 miles round trip

54.5 cents/mile

$158.05

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///

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If Plaintiff wishes to obtain the attendance of one or more of these witnesses, Plaintiff

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must submit a money order for each witness, made payable to the witness for the full amount of

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the witness’s travel expenses, plus the daily witness fee of $40.00. The subpoena will not be

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served upon the unincarcerated witness by the United States Marshal unless the money order is

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tendered to the court. Because no statute authorizes the use of public funds for these expenses

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in civil cases, the tendering of witness fees and travel expenses is required even if the party was

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granted leave to proceed in forma pauperis. If Plaintiff wishes to have the Marshal serve

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any unincarcerated witnesses who refuse to testify voluntarily, Plaintiff must submit the

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money orders to the court no later than January 8, 2018.

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IT IS SO ORDERED.
Dated:

December 21, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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https://www.irs.gov/newsroom/standard-mileage-rates-for-2018-up-from-rates-for-2017
(last visited December 19, 2017).

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