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