Woodall v. State of California et al

Filing 112

ORDER Regarding Witness Fees as to 108 Notice filed by Nick Woodall, signed by Magistrate Judge Dennis L. Beck on 03/28/2012. (Fees Due by: 4/16/2012)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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NICK WOODALL,

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CASE NO. 1:08-cv-01948-LJO-DLB PC
Plaintiff,

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v.

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ORDER REGARDING WITNESS FEES
(DOC. 108)

A. RAYGOZA,

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FEES DUE APRIL 16, 2012
Defendant.
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Plaintiff Nick Woodall (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding

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on Plaintiff’s complaint against Defendant A. Raygoza for violation of the Eighth Amendment.

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

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

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Court would then inform the Plaintiff of the travel expense for each witness he wishes to

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subpoena and require Plaintiff to submit a money order, made payable to the witness. The

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appropriate amount is a daily fee of $40.00 plus travel expenses. 28 U.S.C. § 1821. Plaintiff is

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required to submit these money orders prior to the issuance of any subpoena. To provide

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Plaintiff with a reasonable time to comply, the Court will require Plaintiff to submit money

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orders by April 16, 2012.

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I.

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Corcoran State Prison Witnesses
Plaintiff wishes to call Captain F. P. Field, correctional lieutenant M. Sexton, correctional

sergeant T. Lawson, correctional officer A. Olive, correctional sergeant T. Gonzales, and
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litigation coordinator Mary Kimbrell as witnesses. Plaintiff lists the location of these witnesses

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at 4001 King Avenue, Corcoran, California, 93212, the address of Corcoran State Prison. The

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round trip mileage from Corcoran to Fresno is 105.8 miles. The mileage rate is $ 0.51 per mile.

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The total mileage fee is $ 53.96. Accordingly, for all witnesses from Corcoran State Prison

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whom Plaintiff wishes to subpoena, Plaintiff must submit a money order made payable to each

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witness in the amount of $ 93.96.

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II.

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Witness M. Rahimifar
Plaintiff wishes to call doctor M. Rahimifar as a witness. Plaintiff lists the location of

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this witness at 2601 North Oswell Street, Suite 101, Bakersfield, California, 93306. The round

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trip mileage from Bakersfield to Fresno is 224 miles. The mileage rate is $ 0.51 per mile. The

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total mileage fee is $ 114.24. Accordingly, for Plaintiff to subpoena the attendance of doctor M.

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Rahimifar as a witness, Plaintiff must submit a money order made payable to M. Rahimifar in the

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amount of $ 154.24.

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IT IS SO ORDERED.
Dated:
77e0d6

March 28, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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