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

Filing 115

ORDER Directing Personal Service of Civil Subpoenas Upon Prospective Witnesses by the United States Marshals Service, without Prepayment of Costs signed by Magistrate Judge Gary S. Austin on 01/10/2018. (Flores, E)

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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,
v.

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W. SULLIVAN, et al.,

1:07-cv-00178-DAD-GSA-PC
ORDER DIRECTING PERSONAL
SERVICE OF CIVIL SUBPOENAS
UPON PROSPECTIVE WITNESSES
BY THE UNITED STATES
MARSHALS SERVICE, WITHOUT
PREPAYMENT OF COSTS

Defendants.

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Derwin Jules

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Jackson, a state prisoner proceeding with counsel and in forma pauperis.

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

This case is

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On January 5, 2018, Plaintiff filed notice (ECF No. 112) that he mailed the following

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documents to the court in compliance with the court’s order issued on December 21, 2017

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(ECF No. 109), to initiate service of civil subpoenas upon prospective witnesses Lt. Trayham

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and N. Grannis:

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1. Subpoenas for Lt. Traynham and N. Grannis;

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2. Completed USM-285 forms; and

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3. Money orders for the witnesses’ travel expenses and witness fees.

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On January 9, 2018, the court received Plaintiff’s documents.

The court finds

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Plaintiff’s subpoenas, money orders, and USM-285 forms appropriate for personal service by

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the U.S. Marshals Service. Fed. R. Civ. P. 45; 28 U.S.C. § 566(c).
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Accordingly, it is HEREBY ORDERED that:

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1.

For each prospective witness to be served, the Clerk of the Court is directed to

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forward the following documents to the U.S. Marshals Service:

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a.

One (1) completed and issued civil subpoena;

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b.

One (1) completed USM-285 form;

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c.

A money order made payable to the prospective witness; and

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d.

Two (2) copies of this order, one to accompany the subpoena and one for

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the U.S. Marshals Service;
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Within FOURTEEN (14) DAYS from the date of service of this order, the U.S.

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Marshals Service is DIRECTED to effect personal service of the subpoenas and

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money orders, along with a copy of this order, upon the individuals named in the

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subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28

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U.S.C. § 566(c):

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LT. TRAYNHAM

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N. GRANNIS

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3.

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The U.S. Marshals Service is DIRECTED to retain a copy of each subpoena in
its file for future use;

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Within TEN (10) DAYS after personal service is effected, the U.S. Marshals

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Service SHALL file the return of service, along with the costs subsequently

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incurred in effecting service. Said costs shall be enumerated on the USM-285

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form and shall include the costs incurred by the U.S. Marshal Service for

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photocopying additional copies of the subpoenas and USM-285 forms, and for

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preparing new USM−285 forms, if required.

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IT IS SO ORDERED.
Dated:

January 10, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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