Ransom v. Herrera et al

Filing 156

ORDER Re: Payment for Service of Subpoenas 123 , signed by Magistrate Judge Erica P. Grosjean on 5/10/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARD RANSOM, JR.,
Plaintiff,

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Case No. 1:11-cv-01709-LJO-EPG (PC)
ORDER RE: PAYMENT FOR SERVICE OF
SUBPOENAS

v.
(ECF NO. 123)
DANNY HERRERA and RICKY
BRANNUM,
Defendants.

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Leonard Ransom, Jr. (“Plaintiff”), is a state prisoner proceeding pro se in this civil
rights action filed pursuant to 42 U.S.C. § 1983.

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On February 13, 2018, the Court directed the United States Marshals Service (“the

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Marshal”) to serve four subpoenas, and directed Plaintiff to pay the charges for service of the

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subpoenas. (ECF Nos. 95 & 113). The Marshal served all four subpoenas. (ECF No. 118).

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The total charge for service of these subpoenas was $146.54. (See Id.).

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Non-party Kern County District Attorney's Office (“KCDA”) objected to the subpoena

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that was served on it. (ECF Nos. 116 & 120). Given the errors in the subpoena, the Court

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ordered that KCDA be personally served with a corrected subpoena. (ECF No. 123). The

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Court directed that Plaintiff pay for the corrected subpoena as well. (Id. at 3). The total charge
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for service of the second subpoena was $65.37. (ECF No. 124).

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The Marshal has received payment from Plaintiff in the amount of $146.54 (see ECF

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Nos. 149 & 152), which was the amount owed for service of the first four subpoenas. As the

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second subpoena directed at KCDA had to be issued due to errors that were not Plaintiff's fault,

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the Court will not require Plaintiff to pay for service of that subpoena.

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Accordingly, IT IS ORDERED that: 1) Paragraphs eight and nine of the order entered

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on March 2, 2018 (ECF No. 123, p. 3, ¶¶ 8-9), which required Plaintiff to pay for service of the

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second KCDA subpoena, are VACATED; and 2) Plaintiff is not required to pay for service of

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the second KCDA subpoena.

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IT IS SO ORDERED.
Dated:

May 10, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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