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

Filing 122

ORDER DIRECTING Personal Service of Civil Subpoena upon Prospective Witness by the United States Marshals Service, without Prepayment of Costs,signed by Magistrate Judge Gary S. Austin on 1/31/2018. (14-Day Deadline) (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,
v.

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W. SULLIVAN, et al.,

1:07-cv-00178-DAD-GSA-PC
ORDER DIRECTING PERSONAL
SERVICE OF CIVIL SUBPOENA
UPON PROSPECTIVE WITNESS 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.

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 January 26, 2018, Plaintiff filed notice (ECF No. 120) 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 a civil subpoena upon prospective witness Rick Manuel:

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1. Subpoena for Rick Manuel;

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2. Completed USM-285 forms and

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3. Money order for the witness’s travel expenses and witness fees.

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On January 29, 2018, the court received Plaintiff’s documents.

The court finds

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Plaintiff’s subpoena, money order, and USM-285 form appropriate for personal service by the

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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 service upon prospective witness Rick Manuel, the Clerk of the Court is

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directed to 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 subpoena and

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money order, along with a copy of this order, upon the following individual,

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pursuant to Rule 45 of the Federal Rules of Civil Procedure and 28 U.S.C. §

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566(c):

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RICK MANUEL
3.

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The U.S. Marshals Service is DIRECTED to retain a copy of the 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 subpoena and USM-285 form, and for

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preparing a new USM−285 form, if required.

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IT IS SO ORDERED.
Dated:

January 31, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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