Bryant v. Gallagher et al

Filing 284

ORDER Recalling Service of Subpoena on B. DaVeiga by the United States Marshal signed by Magistrate Judge Barbara A. McAuliffe on 10/05/2016. (Flores, E)

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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.,

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Defendants.

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Case No. 1:11-cv-00446-BAM (PC)
ORDER RECALLING SERVICE OF SUBPOENA
ON B. DAVEIGA BY THE UNITED STATES
MARSHALL
(ECF No. 270)

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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. On September 21, 2016, the Court

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directed the United States Marshal to serve. B. DaVeiga with a subpoena for her appearance at trial on

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October 18, 2016, along with the witness fee submitted by Plaintiff. (ECF No. 270.)

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On October 4, 2016, motions in limine were heard in this matter. (ECF No. 281.) Among the

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rulings was that B. DaVeiga would be excluded as a witness in this matter, and is consequently not

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required to appear to testify.

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Based on the foregoing, the Court finds it appropriate to recall the portion of its September 21,

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2016 order directing service of subpoena on B. DaVeiga, and to return the witness fee for B. DaVeiga

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to Plaintiff.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

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The September 21, 2016 order directing the United States Marshal to serve a subpoena

and witness fee in accordance with the provisions of Rule 45 of the Federal Rules of Civil Procedure

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on B. DaVeiga is recalled with respect to that witness;

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2.

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Marshal;

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3.

The Clerk of the Court is directed to forward a copy of this order to the United States

The United States Marshals Service shall send the money order # 17-448437739 in the

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amount of $99.51, made payable to B. DaVeiga, to the United States District Court, Eastern District of

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California, within ten (10) days following receipt of this order; and

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4.

Upon receipt of the money order, the Court shall direct its return to Plaintiff.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 5, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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