Moore v. Gipson et al

Filing 139

ORDER Directing Service of Subpoena on Witnesses by the United States Marshal Without Prepayment of Costs signed by Magistrate Judge Barbara A. McAuliffe on 3/27/2019. Service to be made on witnesses Sergeant C. Love, Registered Nurse Sabios and Registered Nurse B. Savage. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MERRICK JOSE MOORE,

12

Plaintiff,

13
14
15

v.

Case No. 1:13-cv-01820-BAM (PC)
ORDER DIRECTING SERVICE OF
SUBPOENA ON WITNESSES BY THE
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS

CASAS, et al.,
SERVICE WITHIN 7 DAYS
Defendants.

16
17

Plaintiff Merrick Jose Moore (“Plaintiff”) is a state prisoner proceeding pro se and in

18

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented

19

to magistrate judge jurisdiction. (ECF Nos. 7, 74.) This matter is set for trial on April 29, 2019.

20
21

Plaintiff has submitted the required fees made payable to the witnesses C. Love, R.N.
Sabios, and R.N. B. Savage, being commanded to appear at trial on April 29, 2019.

22

Accordingly, IT IS HEREBY ORDERED that:

23

1. The Clerk of the Court is directed to forward the following documents to the United

24
25
26
27

States Marshal:
a. Three (3) completed and issued subpoenas to be served on:
Sergeant C. Love
California State Prison – Corcoran
4001 King Avenue, Corcoran, CA 93212

28
1

1

Registered Nurse Sabios
California State Prison – Corcoran
4001 King Avenue, Corcoran, CA 93212

2
3

Registered Nurse B. Savage
California State Prison – Corcoran
4001 King Avenue, Corcoran, CA 93212

4
5
6

b. Three (3) completed USM-285 forms;

7

c. One check in the amount of $102.64, made payable to C. Love;

8

d. One check in the amount of $102.64, made payable to R.N. Sabios;

9

e. One check in the amount of $102.64, made payable to R.N. B. Savage;

10

f. Four (4) copies of this order, one to accompany each subpoena, plus an extra

11
12

copy for the Marshal.
2. Within seven (7) days from the date of service of this order, the United States Marshal

13

is directed to serve the subpoenas and the checks in accordance with the provisions of

14

Rule 45 of the Federal Rules of Civil Procedure.

15

3. The United States Marshal shall effect personal service and a copy of this order upon

16

the named individuals in the subpoenas pursuant to Rule 45 of the Federal Rules of

17

Civil Procedure and 28 U.S.C. § 566(c).

18

4. Within ten (10) days after personal service is completed, the United States Marshal

19

shall file the returns of service, along with the costs subsequently incurred in effective

20

service. Said costs shall be enumerated on the USM-285 form.

21
22
23

IT IS SO ORDERED.
Dated:

/s/ Barbara

March 27, 2019

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
2