Samuels v. Adame et al
Filing
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ORDER Regarding Witness Fees (ECF NO. 69 ), signed by Magistrate Judge Dennis L. Beck on 10/17/2012. Accordingly, for all witnesses from California Correctional Institution whom Plaintiff wishes to subpoena, Plaintiff must submit a money order made payable to each witness in the amount of $ 214.27. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT EARL SAMUELS,
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Plaintiff,
v.
Case No. 1:09-cv-01320-AWI-DLB PC
ORDER REGARDING WITNESS FEES
(ECF No. 69)
G. ADAME, et al.,
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Defendants.
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Plaintiff Robert Earl Samuels (“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 on
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Plaintiff’s first amended complaint against Defendants G. Adame, P. Gentry, B. Medrano, R.
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Nicholas, F. Rivera, E. Sailer, and D. Snyder for excessive force, and against Defendant C.
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Farnsworth for deliberate indifference to a serious medical need in violation of the Eighth
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Amendment.
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Pursuant to the Court’s Second Scheduling Order, Plaintiff was required to notify the Court
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of the names and location of each unincarcerated witness he intends to call at trial. The Court would
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then inform the Plaintiff of the travel expense for each witness he wishes to subpoena and require
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Plaintiff to submit a money order, made payable to the witness. The appropriate amount is a daily
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fee of $40.00 plus travel expenses. 28 U.S.C. § 1821. Plaintiff is required to submit these money
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orders prior to the issuance of any subpoena. To provide Plaintiff with a reasonable time to comply,
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the Court will require Plaintiff to submit money orders by February 4, 2013.
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Plaintiff intends to call Sergeant D. Vela, Correctional Officer B. Killian, and Correctional
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Officer Valdez as witnesses. Plaintiff lists the location of these witnesses at 24900 Highway 202,
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Tehachapi, California, the address of California Correctional Institution. The round trip mileage
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from Tehachapi to Fresno is 314 miles. The mileage rate is 55.5 cents per mile. The total mileage
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fee is $ 174.27. Accordingly, for all witnesses from California Correctional Institution whom
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Plaintiff wishes to subpoena, Plaintiff must submit a money order made payable to each witness in
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the amount of $ 214.27.
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IT IS SO ORDERED.
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Dated:
/s/ Dennis
October 17, 2012
L. Beck
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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3b142a
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