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

Filing 129

ORDER Directing Clerk to Return Money Orders to Plaintiff signed by Magistrate Judge Gary S. Austin on 02/16/2018. (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,

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1:07-cv-00178-DAD-GSA-PC
ORDER DIRECTING CLERK TO RETURN
MONEY ORDERS TO PLAINTIFF

v.
W. SULLIVAN, et al.,

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Defendants.

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I.

BACKGROUND

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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. On February

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8, 2018, a settlement conference was held at the court before Magistrate Judge Erica P.

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Grosjean and the case settled. (ECF No. 128.)

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II.

CIVIL SUBPOENAS AND MONEY ORDERS

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On January 5 and January 26, 2018, Plaintiff requested the court to initiate service of

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civil subpoenas upon prospective trial witnesses, Lt. Traynham, N. Grannis, and Rick Manuel,

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to compel their attendance at trial on March 6, 2018. (ECF Nos. 112, 120.) Plaintiff submitted

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the appropriate documents for service, including three money orders for witness fees: (1)

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money order #69694358558 in the amount of $212.22 made payable to Lt. T. Traynham, (2)

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money order #69694358569 in the amount of $223.12 made payable to N. Grannis, and (3)

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money order #69694359042 in the amount of $223.12 made payable to Rick Manuel. (Court

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Record.)

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On January 10 and January 31, 2018, the court issued orders directing the U.S. Marshal

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(“Marshal”) to serve the subpoenas. (ECF Nos. 115, 122.) The Marshal was directed to
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personally serve a subpoena, a USM-285 form, and a money order for payment of witness fees

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on each of the three prospective witnesses. (Id.)

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Lt. Traynham was successfully served on January 17, 2018, and on January 24, 2018,

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the Marshal filed a return of service executed. (ECF No. 119.) Service upon N. Grannis was

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unsuccessful because the Marshal was unable to locate N. Grannis using the address given, and

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on February 5, 2018, the Marshal filed a return of service unexecuted. (ECF No. 126.) On

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January 31, 2018, the money order for N. Grannis’s witness fees -- money order #69694358569

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in the amount of $223.12 made payable to N. Grannis -- was returned to the court.

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When the case settled on February 8, 2018, service of the subpoena upon Rick Manuel

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had not been completed. As a result of the settlement, the court vacated all pending deadlines

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and hearings, including the trial, (ECF No. 128), and on February 15, 2018, the money order

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for Rick Manuel’s witness fees – money order #69694359042 in the amount of $223.12 made

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payable to Rick Manuel -- was returned to the court.

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The court is now in possession of the two money orders, one made payable to Lt.

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Traynham and the other to Rick Manuel, which shall be returned to Plaintiff.

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III.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall return to

Plaintiff the two money orders discussed above:
(1)

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Money order #69694358569 in the amount of $223.12 made payable to N.
Grannis; and

(2)

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Money order #69694359042 in the amount of $223.12 made payable to Rick
Manuel.

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IT IS SO ORDERED.
Dated:

February 16, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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