Kietty v. Walker et al
Filing
93
ORDER DENYING 92 Plaintiff's Motion for Waiver of Witnesses Fees signed by Magistrate Judge Stanley A. Boone on 1/9/2017. (Jessen, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
HUSSEIN ALI KIETTY,
12
13
14
15
16
17
Plaintiff,
v.
A. WALKER, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
Case No.: 1:13-cv-00312-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR WAIVER OF WITNESSES FEES
[ECF No. 92]
Plaintiff Hussein Ali Kietty is appearing pro se and in forma pauperis in this civil rights action
18
pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the
19
jurisdiction of the United States Magistrate Judge. Local Rule 302.
20
Currently before the Court is Plaintiff’s motion entitled “Motion in Limine Requesting
21
Plaintiff’s fee waiver application and approval seeking witness testimony under Evidence
22
Insufficiently Excused.” Plaintiff “seeks fee waiver application under indigent status unable to pay
23
Marshall service subpoena orders[.]” Plaintiff’s motion must be denied.
24
As explained in the Court’s November 20, 2016, trial scheduling order, no statute authorizes
25
the use of public funds for service of unincarcerated witnesses who refuse to testify voluntarily in civil
26
cases, and the tendering of witness fees and travel expenses is required even if the party was granted
27
leave to proceed in forma pauperis. (Order at 2-3; ECF No. 88.) Thus, in forma pauperis parties, such
28
as Plaintiff, must pay the applicable fees before any subpoena can be served under 28 U.S.C. §
1
1
1915(d). See Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989) (“Although the plain language of
2
section 1915 provides for service of process for an indigent’s witnesses, it does not waive payment of
3
fees or expenses for those witnesses.”). Accordingly, there is no authority to grant Plaintiff’s motion
4
for waiver of fees to subpoena witnesses for trial, and Plaintiff’s motion must be denied. As noted,
5
Plaintiff was apprised of the procedures for obtaining the attendance of unincarcerated witnesses who
6
refuse to testify voluntarily and Plaintiff must comply with such procedures.
7
8
IT IS SO ORDERED.
9
Dated:
10
January 9, 2017
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?