Hernandez v. Hernandez et al

Filing 153

ORDER Requiring Defense Counsel to Advise Court of Status of Witness Fees Within Thirty (30) Days, signed by Magistrate Judge Michael J. Seng on 3/24/2016. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

FEDERICO HERNANDEZ,

10
11
12

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

13

Defendants.

CASE NO. 1:13-cv-01625-MJS (PC)
ORDER REQUIRING DEFENSE
COUNSEL TO ADVISE COURT OF
STATUS OF WITNESS FEES WITHIN
THIRTY (30) DAYS
(ECF No. 150)

14
15
16

Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action

17

brought pursuant to 42 U.S.C. § 1983. The action, now closed, proceeded against

18

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

19

Amendment excessive force claim. Trial was set for August 11, 2015, but was taken off

20

calendar pursuant to the parties’ notice of settlement. (ECF No. 146.) The parties’

21

eventually filed a stipulation for dismissal with prejudice and the matter was closed.

22

(ECF No. 151.)

23

Prior to trial, Plaintiff submitted money orders for witness fees payable to

24

Correctional Captain A. Walker and Associate Warden D. Fischer to secure their

25

appearance at trial. (ECF No. 105.) Both officers were employed at Pleasant Valley

26

State Prison (“PVSP”). Both officers were served with the money orders, along with

27

subpoenas, through correctional officials. (ECF Nos. 148, 149.)

28

1

Before the Court is Plaintiff’s August 26, 2015 request that the money orders be

2

returned to him. (ECF No. 150.) The money orders have not been returned to the

3

Court. The Court does not have the money orders or any information regarding the

4

whereabouts of the funds.

5

Accordingly, to facilitate the return of these funds to Plaintiff, defense counsel is

6

HEREBY ORDERED to advise the Court of the status and whereabouts of the witness

7

fees within thirty (30) days of this order.

8
9
10

IT IS SO ORDERED.
Dated:

March 24, 2016

/s/

11

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2