Bryant v. Gallagher et al

Filing 305

ORDER to Clerk of Court Directing Return of Witness Fees to Plaintiff's Counsel signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2016. (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 TO CLERK OF COURT DIRECTING
RETURN OF WITNESS FEES TO PLAINTIFF’S
COUNSEL

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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 October 12, 2016, the Court granted Plaintiff’s motion to vacate and continue the trial date

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in this matter. (ECF No. 291.) On October 13, 2016, the Court issued an order recalling service of

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subpoenas on Plaintiff’s unincarcerated witnesses who had not yet been served as of that date. The

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Court also instructed that any unserved witness fees be returned to the Court for their later return to

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Plaintiff.

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The United States Marshal complied with the Court’s order, and returned certifications that the

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following unincarcerated witnesses were not served with any subpoenas or witness fees: Gerald Biane

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(ECF No. 300), Sandra Lee Schaefer (ECF No. 302), Young Paik (ECF No. 303), and Ricardo

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(Richard) Christensen (ECF No. 301). The witness fees for these witnesses were also returned to the

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Court. Consequently, the witness fees will now be returned to Plaintiff’s counsel.

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Accordingly, the Clerk of the Court is HEREBY DIRECTED to mail the following to
Plaintiff’s counsel:
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Money order #17-448437736, in the amount of $158.80, for unincarcerated witness

Gerald Biane;
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Money order #17-448437737, in the amount of $158.80, for unincarcerated witness

Ricardo (Richard) Christensen;
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Money order #17-448437740, in the amount of $127.05, for unincarcerated witness

Sandra Lee Schaefer; and,
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Money order #17-448437741, in the amount of $156.64, for unincarcerated witness

Young Paik.

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IT IS SO ORDERED.
Dated:

October 20, 2016

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE