Hernandez v. Hernandez et al

Filing 105

ORDER DIRECTING Service of Subpoenas on Witnesses by the United States Marshal Without Prepayment of Costs, signed by Magistrate Judge Michael J. Seng on 7/15/2015. Service Within Fourteen Days. (Marrujo, C)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

FEDERICO HERNANDEZ,

11
12
13

Plaintiff,
v.
M. HERNANDEZ, et al.,

14

Defendants.

CASE NO. 1:13-cv-01625-MJS (PC)
ORDER DIRECTING SERVICE OF
SUBPOENAS ON WITNESSES BY THE
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS
SERVICE WITHIN FOURTEEN (14) DAYS

15
16
17
18

Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action
brought pursuant to 42 U.S.C. § 1983. Trial is set for August 11, 2015.

19

The Court previously ordered Plaintiff to provide service information for each

20

witness being commanded to appear, and a money order made payable to each witness

21

as required for payment of witness fees and mileage. Plaintiff has submitted the required

22

information and money orders made payable to the witnesses A. Walker and D. Fischer,

23

being commanded to appear at trial on August 11, 2015.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1.

The Clerk of the Court is directed to forward the following documents to the

26

United States Marshal:

27

(1) Two (2) completed and issued subpoenas to be served on:

28

1
2

Correctional Captain A. Walker

3

Pleasant Valley State Prison

4

24863 West Jayne Avenue

5

Coalinga, CA 93210

6
7

Associate Warden D. Fischer

8

Pleasant Valley State Prison

9

24863 West Jayne Avenue

10

Coalinga, CA 93210

11
12

(2)

Two (2) completed USM-285 forms;

13

(3)

One money order # 22601405070 in the amount of $110.73, made

14

payable to A. Walker;

15

(4)

payable to D. Fischer; and

16
(5)

17
18
19

One money order # 22601405081 in the amount of $110.73, made

One copy of this Order for each witness, plus an extra copy for the
Marshal.

2.

Within fourteen (14) days from the date of this Order, the United States

20

Marshal is directed to serve the subpoenas and money orders on

21

witnesses A. Walker and D. Fischer in accordance with the provisions of

22

Rule 45 of the Federal Rules of Civil Procedure.

23

3.

The United States Marshal shall effect personal service and a copy of this

24

Order upon the named individuals in the subpoenas pursuant to Rule 45 of

25

the Federal Rules of Civil Procedure and 28 U.S.C. § 566(c) and shall

26

command all necessary assistance from the California Department of

27

Corrections and Rehabilitation to execute this Order. The United States

28

2

1

Marshal shall maintain the confidentiality of all information provided by

2

CDCR pursuant to this Order.

3

4.

Within seven (7) days after personal service is effected, the United States

4

Marshal shall file the return of service, along with the costs subsequently

5

incurred in effecting service. Said costs shall be enumerated on the USM-

6

285 form and shall include the costs incurred by the Marshal's office for

7

photocopying additional copies of the subpoena and for preparing new

8

USM-285 forms, if required.

9
10
11
12

IT IS SO ORDERED.
Dated:

July 15, 2015

/s/

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Michael J. Seng

3