Derwin Jules Jackson v. W. Sullivan, Et Al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DERWIN JULES JACKSON,
W. SULLIVAN, et al.,
ORDER DIRECTING PERSONAL
SERVICE OF CIVIL SUBPOENAS
UPON PROSPECTIVE WITNESSES
BY THE UNITED STATES
MARSHALS SERVICE, WITHOUT
PREPAYMENT OF COSTS
This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Derwin Jules
Jackson, a state prisoner proceeding with counsel and in forma pauperis.
scheduled for jury trial on March 6, 2018, at 1:00 p.m., before the Honorable Dale A. Drozd.
This case is
On January 5, 2018, Plaintiff filed notice (ECF No. 112) that he mailed the following
documents to the court in compliance with the court’s order issued on December 21, 2017
(ECF No. 109), to initiate service of civil subpoenas upon prospective witnesses Lt. Trayham
and N. Grannis:
1. Subpoenas for Lt. Traynham and N. Grannis;
2. Completed USM-285 forms; and
3. Money orders for the witnesses’ travel expenses and witness fees.
On January 9, 2018, the court received Plaintiff’s documents.
The court finds
Plaintiff’s subpoenas, money orders, and USM-285 forms appropriate for personal service by
the U.S. Marshals Service. Fed. R. Civ. P. 45; 28 U.S.C. § 566(c).
Accordingly, it is HEREBY ORDERED that:
For each prospective witness to be served, the Clerk of the Court is directed to
forward the following documents to the U.S. Marshals Service:
One (1) completed and issued civil subpoena;
One (1) completed USM-285 form;
A money order made payable to the prospective witness; and
Two (2) copies of this order, one to accompany the subpoena and one for
the U.S. Marshals Service;
Within FOURTEEN (14) DAYS from the date of service of this order, the U.S.
Marshals Service is DIRECTED to effect personal service of the subpoenas and
money orders, along with a copy of this order, upon the individuals named in the
subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28
U.S.C. § 566(c):
The U.S. Marshals Service is DIRECTED to retain a copy of each subpoena in
its file for future use;
Within TEN (10) DAYS after personal service is effected, the U.S. Marshals
Service SHALL file the return of service, along with the costs subsequently
incurred in effecting service. Said costs shall be enumerated on the USM-285
form and shall include the costs incurred by the U.S. Marshal Service for
photocopying additional copies of the subpoenas and USM-285 forms, and for
preparing new USM−285 forms, if required.
IT IS SO ORDERED.
January 10, 2018
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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