Hernandez v. Hernandez et al

Filing 102

ORDER for Return of Money Orders; Clerk to Fax Copy of this Order to Litigation Coordinator at California State Prison, Sacramento signed by Magistrate Judge Michael J. Seng on 07/07/2015. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

FEDERICO HERNANDEZ,

10
11
12

Plaintiff,

CASE NO. 1:13-cv-01625-MJS (PC)
ORDER FOR RETURN OF MONEY
ORDERS

v.
M. HERNANDEZ, et al.,

13

Defendants.

14
15

CLERK TO FAX COPY OF THIS ORDER
TO LITIGATION COORDINATOR AT
CALIFORNIA STATE PRISON,
SACRAMENTO

16
17

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

18

rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

19

Defendants Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth

20

Amendment excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.)

21

On June 3, 2015, Plaintiff moved to subpoena Correctional Captain A. Walker

22

and Associate Warden D. Fischer to testify at the trial in this case. (ECF No. 78.) The

23

Court advised Plaintiff of his obligation to submit money orders in the amount of

24

$110.73 payable to each individual for statutory witness fees prior to the issuance of

25

such subpoenas. (ECF No. 90.) The deadline for Plaintiff to submit the money orders

26

was originally set for July 1, 2015 (ECF No. 90), then extended to July 8, 2015 (ECF

27

No. 92).

28

1

On July 7, 2015, Esperanza Hernandez submitted, on behalf of Plaintiff, money

2

orders in the appropriate amounts payable to D. Walker and A. Fischer (rather than A.

3

Walker and D. Fischer). Because the money orders are not payable to the individuals

4

Plaintiff wishes to subpoena, the subpoenas cannot presently be issued. The money

5

orders will be returned to Ms. Hernandez.

6

If Plaintiff wishes to subpoena these witnesses for trial, he must submit money

7

orders payable to the appropriate individuals forthwith, and in no event later than July

8

14, 2015. Upon receipt of any money orders, the Court will make every effort to

9

promptly transmit the subpoenas and money orders to the United States Marshals for

10

service. However, at this late date, the Court cannot guarantee that the subpoenas will

11

be served prior to trial or that, if served, the witnesses will be afforded sufficient time to

12

comply. Plaintiff is encouraged not to wait until the July 14, 2015 deadline to re-submit

13

his money orders.

14

Based on the foregoing, the Clerk’s Office is HEREBY ORDERED to:

15

1. Return the money orders and a copy of this order to Esperanza

16

Hernandez at the following address:

17

1589 E. 48th Place, Los Angeles, CA 90011; and

18

2. Fax a copy of this order to the Litigation Coordinator at Plaintiff’s

19

institution so that Plaintiff is promptly advised of the pending July 14,

20

2015 deadline in this case.

21
22
23

IT IS SO ORDERED.
Dated:

July 7, 2015

/s/

24

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2