Franklin v. United States

Filing 151

ORDER Directing Clerk of the Court to Remit Witness Fee Payments to Trial Witness Ogues, signed by Magistrate Judge Michael J. Seng on 10/10/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EMERY L. FRANKLIN,

Case No. 1:10-cv-00142-MJS (PC)

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Plaintiff,
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v.

ORDER DIRECTING CLERK OF THE
COURT TO REMIT WITNESS FEE
PAYMENTS TO TRIAL WITNESS OGUES

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UNITED STATES,

(ECF Nos. 141, 150)

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Defendant.
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Plaintiff, a federal prisoner proceeding pro se and in forma pauperis, filed this action
pursuant to the Federal Tort Claims Act (“FTCA”). Trial began on August 14, 2014 and
judgment was entered in favor of Defendant, the United States, on August 15, 2014. Prior
to trial, the United States Marshal was directed to serve upon Plaintiff’s trial witness, former
BOP employee Mr. Ogues, a subpoena commanding appearance at trial and U.S. Treasury
check #403031941548 in the amount of $113.45 covering witness fees. Fed. R. Civ. P. 45;
28 U.S.C. § 566(c). During trial the parties stipulated that Plaintiff would pay Mr. Ogues
additional mileage costs of $116.39. (ECF No. 141.) Mr. Ogues appeared and testified at
trial.
On or about September 25, 2014, the Marshal returned to the Court the executed
subpoena for Mr. Ogues along with the check covering his witness fees. (ECF No. 150.)
On or about October 8, 2014, the Clerk received from Plaintiff U.S. Treasury check #
403036614310 payable to Rodrigo Ogues in the amount of $116.39.
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Accordingly, the Clerk of the Court is HEREBY ORDERED to remit the above
checks to Mr. Orgues at the following address:

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Mr. Ogues
c/o United States Attorney’s Office
Attn: Jeff Lodge
2500 Tulare Street
Suite 4401
Fresno, CA 93721.

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IT IS SO ORDERED.

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Dated:
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October 10, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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