Taylor v. Ohannesson et al

Filing 105

ORDER Denying 100 Plaintiff's Request for Blank Subpoenas, signed by Magistrate Judge Stanley A. Boone on 9/30/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACY TAYLOR,

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Plaintiff,
v.
SHAYE O’HANNESON, et al.,

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Defendants.

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Case No.: 1:11-cv-00538-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR BLANK SUBPOENAS
[ECF No. 100]

Plaintiff Tracy Taylor is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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This case is currently set for jury trial on October 26, 2015.

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On September 25, 2015, Plaintiff filed a motion requesting the issuance of five blank

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subpoenas. (ECF No. 100.) Plaintiff’s motion is untimely and procedurally deficient.
Plaintiff was advised in the Court’s trial scheduling order, dated April 15, 2015, of the
following:
If a prospective witness is not incarcerated, and he or she refuses to testify voluntarily,
the witness must be served with a subpoena. Fed. R. Civ. P. 45. In addition, the party
seeking the witness’s presence must tender an appropriate sum of money for the
witness. Id. In the case of an unincarcerated witness, the appropriate sum of money is
the daily witness fee of $40.00 plus the witness’s travel expenses. 28 U.S.C. § 1821.

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If Plaintiff wishes to obtain the attendance of one or more unincarcerated witnesses
who refuse to testify voluntarily, Plaintiff must first notify the Court in writing of the
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name and location of each unincarcerated witness. The Court will calculate the travel
expense for each unincarcerated witness and notify Plaintiff of the amount(s). Plaintiff
must then, for each witness, submit a money order made payable to the witness for the
full amount of the witness’s travel expenses plus the daily witness fee of $40.00. The
subpoena will not be served upon the unincarcerated witness by the United States
Marshal unless the money order is tendered to the Court. Because no statute authorizes
the use of public funds for these expenses in civil cases, the tendering of witness fees
and travel expenses is required even if the party was granted leave to proceed in forma
pauperis.

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If Plaintiff wishes to have the United States Marshal serve any unincarcerated
witnesses who refuse to testify voluntarily, Plaintiff must submit the money orders
to the Court no later than June 22, 2015. In order to ensure timely submission of
the money orders, Plaintiff must notify the Court of the names and locations of his
witnesses, on or before June 15, 2015.

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Plaintiff’s present request for five blank subpoenas is both untimely and procedurally

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deficient pursuant to the Court’s April 15, 2015, trial scheduling order. Accordingly,

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Plaintiff’s motion must be DENIED.

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IT IS SO ORDERED.

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Dated:

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September 30, 2015
UNITED STATES MAGISTRATE JUDGE

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