Porter v. Wegman et al

Filing 182

ORDER Directing Service of Subpoena on Witness by the United States Marshal without Prepayment of Costs signed by Magistrate Judge Barbara A. McAuliffe on 08/03/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN ELLIS PORTER, 12 13 14 15 Plaintiff, v. Case No. 1:11-cv-01500-BAM (PC) ORDER DIRECTING SERVICE OF SUBPOENA ON WITNESS BY THE UNITED STATES MARSHAL WITHOUT PREPAYMENT OF COSTS CHERYLEE WEGMAN, SERVICE WITHIN 7 DAYS Defendant. 16 17 Plaintiff Brian Ellis Porter (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented to 19 magistrate judge jurisdiction. (ECF Nos. 5, 150.) This matter is set for trial on August 29, 2017. 20 Plaintiff has submitted the required fees made payable to the witness (Rabbi) Paul 21 Shleffar, being commanded to appear at trial on August 29, 2017. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The Clerk of the Court is directed to forward the following documents to the United 24 25 26 27 States Marshal: a. One completed and issued subpoena to be served on: Paul Shleffar California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, CA 95811 28 1 1 b. One completed USM-285 form; 2 c. One money order #17-622414976 in the amount of $223.00, made payable to 3 Rabbi Shleffar; 4 d. Two (2) copies of this order, one to accompany the subpoena, plus an extra 5 copy for the Marshal. 6 2. Within seven (7) days from the date of service of this order, the United States Marshal 7 is directed to serve the subpoena and money order in accordance with the provisions 8 of Rule 45 of the Federal Rules of Civil Procedure. 9 3. The United States Marshal shall effect personal service and a copy of this order upon 10 the named individual in the subpoena pursuant to Rule 45 of the Federal Rules of Civil 11 Procedure and 28 U.S.C. § 566(c). 12 4. Within ten (10) days after personal service is completed, the United States Marshal 13 shall file the return of service, along with the costs subsequently incurred in effective 14 service. Said costs shall be enumerated on the USM-285 form. 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara August 3, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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