Bryant v. Gallagher et al

Filing 246

ORDER DENYING Plaintiff's Motion for Subpoena Forms 245 , signed by Magistrate Judge Barbara A. McAuliffe on 7/15/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DARNELL BRYANT,

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Plaintiff,
v.
GALLAGHER, et al.,
Defendants.

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Case No. 1:11-cv-00446-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
SUBPOENA FORMS
(ECF No. 245)

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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is 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. 7, 231.) This action proceeds on Plaintiff’s claims against

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Defendant Romero for deliberate indifference to serious medical needs in violation of the Eighth

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Amendment, and against Defendants Gallagher and Romero for conspiracy, retaliation in violation of

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the First Amendment, and failure to protect in violation of the Eighth Amendment.

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Currently before the Court is Plaintiff’s motion for thirteen (13) subpoena ad testificandum

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forms to subpoena unincarcerated witnesses who refuse to voluntarily testify in this matter. (ECF No.

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245.) This motion is denied, as it is unnecessary to provide Plaintiff such forms. To clarify, Plaintiff’s

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responsibilities for securing the attendance of such witnesses were explained in this Court’s second

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scheduling order. (ECF No. 233.) Plaintiff must notify the Court in writing of the name and location of

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each such witness on or before August 19, 2016. The Court will calculate the necessary travel

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expenses for each unincarcerated witness and notify Plaintiff of the amount(s). Plaintiff must then, for

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each witness, submit a money order made payable to the witness for the full amount of the witness’s

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travel expenses plus the daily witness fee of $40.00, no later than September 16, 2016. If the Court

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finds all necessary requirements are met, the Court will order the Clerk of the Court to complete the

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necessary subpoenas, which will be submitted by the Clerk to the United States Marshal for service.

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Plaintiff will not be required to complete the necessary subpoena forms himself.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s request for subpoena forms is
DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 15, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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