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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN ELLIS PORTER,

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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.

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Plaintiff Brian Ellis Porter (“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. All parties have consented to

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magistrate judge jurisdiction. (ECF Nos. 5, 150.) This matter is set for trial on August 29, 2017.

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Plaintiff has submitted the required fees made payable to the witness (Rabbi) Paul

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Shleffar, being commanded to appear at trial on August 29, 2017.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to forward the following documents to the United

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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

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b. One completed USM-285 form;

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c. One money order #17-622414976 in the amount of $223.00, made payable to

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Rabbi Shleffar;

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d. Two (2) copies of this order, one to accompany the subpoena, plus an extra

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copy for the Marshal.

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2. Within seven (7) days from the date of service of this order, the United States Marshal

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is directed to serve the subpoena and money order in accordance with the provisions

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of Rule 45 of the Federal Rules of Civil Procedure.

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3. The United States Marshal shall effect personal service and a copy of this order upon

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the named individual in the subpoena pursuant to Rule 45 of the Federal Rules of Civil

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Procedure and 28 U.S.C. § 566(c).

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4. Within ten (10) days after personal service is completed, the United States Marshal

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shall file the return of service, along with the costs subsequently incurred in effective

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service. Said costs shall be enumerated on the USM-285 form.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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