Ransom v. Herrera et al

Filing 113

ORDER GRANTING Plaintiff's Motion for Service of Subpoenas by United States Marshals Service at Cost to Plaintiff and Directing Service of Subpoenas by the United States Marshals Service Without Prepayment of Costs 100 , signed by Magistrate Judge Erica P. Grosjean on 2/12/2018: 20-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 LEONARD RANSOM, JR., Plaintiff, 12 13 14 15 v. DANNY HERRERA and RICKY BRANNUM, Defendants. 16 Case No. 1:11-cv-01709-LJO-EPG (PC) ORDER GRANTING PLAINTIFF’S MOTION FOR SERVICE OF SUBPOENAS BY UNITED STATES MARSHALS SERVICE AT COST TO PLAINTIFF AND DIRECTING SERVICE OF SUBPOENAS BY THE UNITED STATES MARSHALS SERVICE WITHOUT PREPAYMENT OF COSTS (ECF NO. 100) 17 18 The Court previously granted Plaintiff’s motion for the issuance of subpoenas. (ECF 19 No. 95). On January 19, 2018, Plaintiff submitted the completed subpoenas to the Court, and 20 filed a motion requesting that the United States Marshals Service serve the subpoenas, at cost to 21 Plaintiff (ECF No. 100). According to Plaintiff, he has no way to arrange for service of the 22 subpoenas, except by asking that the United States Marshals Service serve the subpoenas. 23 The Court finds good cause to grant Plaintiff’s motion. 24 Accordingly, it is HEREBY ORDERED that: 25 1. The Clerk of the Court shall forward the following documents to the United States 26 Marshals Service: 27 a. Five (5) copies of this order, one to accompany each subpoena and one for the 28 United States Marshals Service (the completed subpoenas duces tecum and 1 1 USM-285 forms have already been forwarded to the United States Marshals 2 Service). 3 2. Within TWENTY (20) DAYS from the date of this order, the United States 4 Marshals Service SHALL effect personal service of the subpoenas, along with a 5 copy of this order, upon the entities named in the subpoenas pursuant to Rule 45 of 6 the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c). 7 3. The United States Marshals Service is DIRECTED to retain a copy of the subpoenas 8 9 in its file for future use. 4. For each subpoena, within TEN (10) DAYS after personal service is effected, the 10 United States Marshals Service SHALL file the return of service. 11 5. Within sixty (60) days of receipt of each returned USM-285 form, Plaintiff shall pay 12 the total charges for service of the corresponding subpoena. If Plaintiff needs 13 additional time, he may file a motion for an extension of time. Plaintiff shall pay by 14 money order. The money order(s) shall be made out to United States Marshals 15 Service, and mailed to Attention: Jill Simmons, 2500 Tulare St., Fresno, CA, 93721, 16 Suite 3501. 17 6. Failure to timely pay for service of the subpoenas may result in the imposition of 18 sanctions. 19 20 21 IT IS SO ORDERED. Dated: February 12, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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