Samuels v. Adame et al

Filing 70

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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