Zavala v. Chrones et al

Filing 118

ORDER DIRECTING SERVICE of Subpoena by United States Marshal Without Prepayment of Costs signed by Magistrate Judge Barbara A. McAuliffe on 12/10/2012. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KEITH ZAVALA, 10 11 12 13 CASE NO. 1:09-cv–01352-BAM PC Plaintiff, ORDER DIRECTING SERVICE OF SUBPOENA BY UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS v. CHRIS CHRONES, et al., Defendants. / 14 15 Plaintiff Keith Zavala is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action pursuant to 42 U.S.C. § 1983. On October 23, 2012, Plaintiff was ordered to provide 17 a money order made payable to each witness that he wished to have subpoenaed for trial as required 18 for payment of witness fees and mileage. (ECF No. 105.) On November 26, 2012, Plaintiff 19 submitted the required money order for witness D. A White, and an order issued directing the parties 20 to notify the Court if the trial was anticipated to proceed on February 12, 2013, as scheduled. (ECF 21 Nos. 112, 114.) The parties have notified the Court that the trial is anticipated to proceed on the set 22 date. (ECF No. 116, 117.) 23 In his notice to the Court, Plaintiff requests information on whether his expert witnesses will 24 be able to testify since he did not provide the information required to subpoena them for trial as 25 ordered by the Court. As Plaintiff was previously advised in the order issued November 26, 2012, 26 Plaintiff is free to contact his expert witnesses and make arrangement for the payment of expert 27 witness fees to obtain their voluntary attendance at trial. (ECF No. 113.) As to Plaintiff’s request 28 to have Dr. Shroeder testify by video conference, the Court declines to entertain the motion until 1 1 such time as Plaintiff has shown that he has arranged for the attendance of Dr. Shroeder by making 2 arrangements for the payment of expert witness fees. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Clerk of the Court is directed to forward the following documents to the United 5 States Marshal: 6 (1) One completed and issued subpoena to be served on D. A. White; 7 (2) One completed USM-285 form; 8 (3) One money order # 14-612296492 in the amount of $ 128.80, made payable 9 to D. A. White; and 10 11 (4) 2. One copy of this order for D. A. White, plus an extra copy for the Marshal. Within thirty days from the date of this order, the United States Marshal is directed 12 to serve the subpoena and money order on D. A. White in accordance with the 13 provisions of Rule 45 of the Federal Rules of Civil Procedure. 14 3. The U.S. Marshal is directed to retain the subpoena in their file for future use. 15 4. The United States Marshal shall personally serve process and a copy of this order 16 upon D. A. White pursuant to Rule 45 of the Federal Rules of Civil Procedure and 17 28 U.S.C. § 566(c) and shall command all necessary assistance from the California 18 Department of Corrections (CDC) to execute this order. The United States Marshal 19 shall maintain the confidentiality of all information provided by the CDC pursuant 20 to this order. 21 5. Within ten days after personal service is effected, the United States Marshal shall file 22 the return of service, along with the costs subsequently incurred in effecting service. 23 Said costs shall be enumerated on the USM-285 form and shall include the costs 24 incurred by the Marshal's office for photocopying additional copies of the subpoena 25 and for preparing new USM-285 forms, if required. 26 27 IT IS SO ORDERED. Dated: 10c20k December 10, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 28 2

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