Hernandez v. Hernandez et al
Filing
155
ORDER Denying 150 Request for Reimbursement of Witness Fees, signed by Magistrate Judge Michael J. Seng on 4/22/16. (Gonzalez, R)
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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 DENYING REQUEST FOR
REIMBURSEMENT OF WITNESS FEES
v.
(ECF No. 150)
M. HERNANDEZ, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action
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brought pursuant to 42 U.S.C. § 1983. The action, now closed, proceeded 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 was set for August 11, 2015, but was taken off
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calendar pursuant to the parties’ notice of settlement. (ECF No. 146.) The parties’
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eventually filed a stipulation for dismissal with prejudice and the matter was closed.
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(ECF No. 151.)
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Prior to trial, Plaintiff submitted money orders for witness fees payable to
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Correctional Captain A. Walker and Associate Warden D. Fischer to secure their
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appearance at trial. (ECF No. 105.) Both officers were employed at Pleasant Valley
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State Prison (“PVSP”). Both officers were served with the money orders, along with
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subpoenas, through correctional officials. (ECF Nos. 148, 149.)
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Before the Court is Plaintiff’s August 26, 2015 request that the money orders be
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returned to him. (ECF No. 150.) On March 25, 2016, the Court ordered defense
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counsel to advise the Court of the whereabouts of the money orders or funds. (ECF
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No. 153.) Defense counsel responded on April 14, 2016, providing evidence that the
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money orders had been returned to the United States Marshals Service on September
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29, 2015. (ECF No. 154.) The Marshals Service has informed the Court that the money
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orders were returned on September 30, 2015 to Esperanza Hernandez, 1589 E. 48th
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Place, Los Angeles, CA 90011.
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Because the money orders have been returned to the person who procured
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them for Plaintiff, Plaintiff’s request for reimbursement is moot and is therefore
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HEREBY DENIED.
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IT IS SO ORDERED.
Dated:
April 22, 2016
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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