Rackliffe v. Rocha et al

Filing 104

ORDER REGARDING WITNESS FEES MONEY ORDERS DUE JANUARY 11, 2013, signed by Magistrate Judge Michael J. Seng on 12/21/12: Plaintiff must submit a money order made payable to each witness in the amount of $125.91. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRANDON RACKLIFFE,

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CASE NO. 1:07-cv-00603-MJS PC

Plaintiff,

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v.

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ORDER REGARDING WITNESS FEES

ROCHA, et al.,

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MONEY ORDERS DUE JANUARY 11,
2013
Defendants.
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Plaintiff Brandon Rackliffe is a California state prisoner proceeding pro se in this

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civil action pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff's

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complaint, filed April 20, 2007, against Defendants Rocha and Medina for excessive

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force in violation of the Eighth Amendment. All parties have consented to jurisdiction by

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a United States Magistrate Judge.

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Pursuant to the Court's Second Scheduling Order, Plaintiff was required to notify

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the Court of the names and location of each unincarcerated witness he intends to call at

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trial. The Court would then inform the Plaintiff of the travel expense for each witness he

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wishes to subpoena and require Plaintiff to submit a money order, made payable to the

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witness. The appropriate amount is a daily fee of $40.00 plus travel expenses. 28

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U.S.C. § 1821. Plaintiff is required to submit these money orders prior to the issuance

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of any subpoena and service by the United States Marshal.1

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reasonable time to comply, the Court will require Plaintiff to submit money orders by

To provide Plaintiff with a

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Though Plaintiff is not proceeding in forma pauperis, the Court finds that having the
United States Marshal effect service of the subpoenas will expedite trial in this matter.

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January 11, 2013.

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Plaintiff intends to call several CDCR officials as witnesses. Plaintiff lists the

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location of these witnesses at Kern Valley State Prison, which is located at 3000 West

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Cecil Avenue in Delano, California. The round trip mileage from Delano to Fresno is

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154.8 miles. The mileage rate is 55.5 cents per mile. The total mileage fee is $ 85.91.

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Accordingly, for all witnesses from Kern Valley State Prison whom Plaintiff wishes to

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subpoena, Plaintiff must submit a money order made payable to each witness in the

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amount of $ 125.91.

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IT IS SO ORDERED.

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Dated:
il0i0d

December 21, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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