Livingston v. Sanchez et al

Filing 69

ORDER GRANTING Plaintiff's Motion for Attendance of Unincarcerated Witnesses Who Refuse to Testify Voluntarily 67 signed by District Judge Lawrence J. O'Neill on 6/2/14: Deadline to Submit Witness Fees is June 26, 2014. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WARNER LIVINGSTON,

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Plaintiff,

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v.
J. SANCHEZ, et al.,

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Defendants.

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Case No.: 1:10-cv-01152-LJO-BAM PC
ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTENDANCE OF UNINCARCERATED
WITNESSES WHO REFUSE TO TESTIFY
VOLUNTARILY
(ECF No. 67)
DEADLINE TO SUBMIT WITNESS FEES:
June 26, 2014

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Plaintiff Warner Livingston (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s
complaint, filed June 25, 2010, against Defendants Sanchez and Ayon for excessive force in violation
of the Eighth Amendment. This matter is set for a telephonic trial confirmation hearing on June 26,
2014, and a jury trial on August 12, 2014.
On May 7, 2014, Plaintiff filed the instant motion for the attendance of the following

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unincarcerated witnesses: (1) J. Stoogodo, (2) Dr. P. Newtion, (3) Warden T. P. Wan, (4) Correctional
Lieutenant J. Perez, (5) Correctional Sergeant C. Garza, and (6) Correctional Sergeant M. Lunes.
(ECF No. 67.) Defendants did not file any opposition. The motion is deemed submitted. Local Rule
230(l).

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I.

Motion for the Attendance of Unincarcerated Witnesses

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As noted above, Plaintiff seeks the attendance at trial of the following unincarcerated

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witnesses: (1) J. Stoogodo, (2) Dr. P. Newtion, (3) Warden T. P. Wan, (4) Correctional Lieutenant J.

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Perez, (5) Correctional Sergeant C. Garza, and (6) Correctional Sergeant M. Lunes. Plaintiff’s motion

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requesting the attendance of the unincarcerated witnesses shall be granted.

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If Plaintiff wishes to have J. Stoogodo and Dr. P. Newtion served with summonses to testify at

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trial, then Plaintiff must submit a money order, for each of these witnesses, made out to that witness in

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the amount of $462.17.1
If Plaintiff wishes to have Warden T. P. Wan, Correctional Lieutenant J. Perez, Correctional

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Sergeant C. Garza, and Correctional Sergeant M. Lunes served with summonses to testify at trial, then

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Plaintiff must submit a money order, for each of these witnesses, made out to that witness in the

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amount of $62.26.2

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II.

Conclusion and Order

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Based on the above, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion for the attendance of unincarcerated witnesses J. Stoogodo, Dr. P.

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Newtion, Warden T. P. Wan, Correctional Lieutenant J. Perez, Correctional Sergeant C.

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Garza, and Correctional Sergeant M. Lunes is GRANTED;

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2. To have J. Stoogodo and Dr. P. Newtion served with summonses to testify at trial, Plaintiff

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must submit a money order made out to each witness in the amount of $462.17 by June 26,

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2014;
3. To have Warden T. P. Wan, Correctional Lieutenant J. Perez, Correctional Sergeant C.

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Garza, and Correctional Sergeant M. Lunes served with summonses to testify at trial,

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The amount for each of these witnesses is based on the daily witness fee of $40.00, plus $462.17 for round-trip
mileage for one day. 28 U.S.C § 1821. Plaintiff reports that each of these witnesses is located at Calipatria State Prison in
Calipatria, California. It is 818 miles, round trip, from Calipatria State Prison to the courthouse, and the current mileage
reimbursement rate is $0.565 per mile.
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The amount for each of these witnesses is based on the daily witness fee of $40.00, plus $62.26 for round-trip
mileage for one day. 28 U.S.C. § 1821. Plaintiff reports that each of these witnesses is located at the California Substance
Abuse Treatment Facility in Corcoran, California. It is 110.2 miles, round trip, from the California Substance Abuse
Treatment facility to the courthouse, and the current mileage reimbursement rate is $0.565 per mile.
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Plaintiff must submit a money order made out to that witness in the amount of $62.26 by

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June 26, 2014; and

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4. The Court cannot accept cash and the money order may not be made out to the Court. The
money order must be made out in the witness’s name.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 2, 2014

UNITED STATES DISTRICT JUDGE
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