Thomas v. Robles et al

Filing 78

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/3/2011 notifying Plaintiff of witness fees and costs due to subpoena unincarcerated witnesses who refuse to testify voluntarily. (Case Management Deadline: 11/25/2011). (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

LARRY D. THOMAS,

10
11
12
13

CASE NO. 1:09-cv-00443-LJO-BAM PC

Plaintiff,

ORDER NOTIFYING PLAINTIFF OF
WITNESS FEES AND COSTS DUE TO
SUBPOENA UNINCARCERATED
WITNESSES WHO REFUSE TO TESTIFY
VOLUNTARILY

v.
HECTOR ROBLES, et al.,
Defendants.

14

/

15
Plaintiff Larry D. Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma
16
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is set for trial on
17
December 13, 2011, before the Honorable Lawrence J. O’Neill. Pursuant to the Court’s scheduling
18
order filed on Janaury 11, 2011, Plaintiff was informed that if he wishes to have the Marshal serve
19
any unincarcerated witnesses who refuse to testify voluntarily, he must submit money orders for the
20
witnesses to the Court no later than March 31, 2011. (Doc. 45, 4:3-24.) On January 28, 2011,
21
Plaintiff filed a pretrial statement with the names and locations of sixteen unincarcerated witnesses
22
he wishes to have testify at trial.
23
Plaintiff is notified that for each witness, he must submit a money order, made payable to the
24
witness, to the Court. Since Plaintiff was not notified of the amount of the witness fees prior to the
25
date in the scheduling order, the Court will extend time and the witness fees must be submitted to
26
the Court by November 25, 2011. To obtain the attendance of a witness, Plaintiff will need to submit
27
28
1

1

a money order, for each witness, in the amount of $118.95.1 No witness will be served with a

2

subpoena absent the timely submission of a money order.

3

Finally, to the extent Plaintiff is unsure where the witness is currently located, the Court and

4

the Marshal cannot and will not conduct an investigation on Plaintiff’s behalf. Ascertaining the

5

location of Plaintiff’s non-incarcerated witnesses is Plaintiff’s responsibility. If Plaintiff submits the

6

money orders as required, the Court will direct the Marshal to serve the witnesses at the location

7

provided by Plaintiff.

8

Accordingly, pursuant to the Second Scheduling Order, for each unincarcerated

9

witness that Plaintiff wishes to have served with summonses to testify at trial, he must submit,

10

for each witness, a money order made out to that witness in the amount of $118.95 by

11

November 25, 2011. The Court cannot accept cash, and the money orders may not be made

12

out to the Court. The money orders must be made out in the witness’s name.

13
14

IT IS SO ORDERED.
Dated:
cm411

November 3, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

1
The daily witness fee of $40.00, plus $78.95 for round trip mileage for one day. 28 U.S.C. § 1821. It is
154.8 miles, round trip, from Kern Valley State Prison to the courthouse, and the current mileage reimbursement rate
is 51 cents per mile.

2