Bryant v. Gallagher et al

Filing 293

ORDER RECALLING Service of Subpoenas on Witnesses by the United States Marshall signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2016. (Sant Agata, S)

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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,

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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 SUBPOENAS
ON WITNESSES BY THE UNITED STATES
MARSHALL
(ECF No. 270)

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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is state prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. 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. All parties have

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consented to magistrate judge jurisdiction. (ECF Nos. 7, 231.)

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On September 21, 2016, the Court directed the United States Marshal to serve certain

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witnesses with a subpoena for their appearances at trial on October 18, 2016, along with the witness

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fees submitted by Plaintiff. (ECF No. 270.) On October 5, 2016, the Court issued an order recalling

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the portion of its September 21, 2016 order directing service of a subpoena on B. DaVeiga. (ECF No.

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284.) The United States Marshal complied with that order, and a separate order shall issue regarding

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the return of the witness fees for B. DaVeiga to Plaintiff’s counsel.

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Subsequently, a hearing was held on October 12, 2016 regarding Plaintiff’s motion to continue

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the trial date in this matter. The motion was granted, and consequently, Plaintiff’s unincarcerated

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witnesses are not required to appear to testify on October 18, 2016.

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Based on the foregoing, the Court finds it appropriate to recall its September 21, 2016 order

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directing service of subpoena on the witnesses. To the extent those witnesses have not yet been served,

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service is no longer necessary, and the witness fees should be returned to Plaintiff’s counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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

and witness fees on Plaintiff’s unincarcerated witnesses (ECF No. 270), is recalled;

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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

Any witness fees still within the possession of the United States Marshals Service shall

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be sent to the United States District Court, Eastern District of California within ten (10) days

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following receipt of this order; and

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4.

Upon receipt of the money order(s), the Court shall direct their return to Plaintiff’s

counsel.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 13, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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