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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FEDERICO HERNANDEZ,
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Plaintiff,
CASE NO. 1:13-cv-01625-MJS (PC)
ORDER FOR RETURN OF MONEY
ORDERS
v.
M. HERNANDEZ, et al.,
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Defendants.
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CLERK TO FAX COPY OF THIS ORDER
TO LITIGATION COORDINATOR AT
CALIFORNIA STATE PRISON,
SACRAMENTO
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against
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Defendants Hernandez, Zambrano, Clark, Rodriguez, and Martin on Plaintiff’s Eighth
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Amendment excessive force claim. Trial is set for August 11, 2015. (ECF No. 86.)
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On June 3, 2015, Plaintiff moved to subpoena Correctional Captain A. Walker
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and Associate Warden D. Fischer to testify at the trial in this case. (ECF No. 78.) The
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Court advised Plaintiff of his obligation to submit money orders in the amount of
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$110.73 payable to each individual for statutory witness fees prior to the issuance of
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such subpoenas. (ECF No. 90.) The deadline for Plaintiff to submit the money orders
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was originally set for July 1, 2015 (ECF No. 90), then extended to July 8, 2015 (ECF
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No. 92).
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On July 7, 2015, Esperanza Hernandez submitted, on behalf of Plaintiff, money
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orders in the appropriate amounts payable to D. Walker and A. Fischer (rather than A.
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Walker and D. Fischer). Because the money orders are not payable to the individuals
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Plaintiff wishes to subpoena, the subpoenas cannot presently be issued. The money
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orders will be returned to Ms. Hernandez.
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If Plaintiff wishes to subpoena these witnesses for trial, he must submit money
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orders payable to the appropriate individuals forthwith, and in no event later than July
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14, 2015. Upon receipt of any money orders, the Court will make every effort to
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promptly transmit the subpoenas and money orders to the United States Marshals for
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service. However, at this late date, the Court cannot guarantee that the subpoenas will
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be served prior to trial or that, if served, the witnesses will be afforded sufficient time to
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comply. Plaintiff is encouraged not to wait until the July 14, 2015 deadline to re-submit
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his money orders.
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Based on the foregoing, the Clerk’s Office is HEREBY ORDERED to:
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1. Return the money orders and a copy of this order to Esperanza
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Hernandez at the following address:
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1589 E. 48th Place, Los Angeles, CA 90011; and
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2. Fax a copy of this order to the Litigation Coordinator at Plaintiff’s
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institution so that Plaintiff is promptly advised of the pending July 14,
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2015 deadline in this case.
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IT IS SO ORDERED.
Dated:
July 7, 2015
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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