Moore v. Gipson et al

Filing 156

ORDER DIRECTING Clerk of Court to Return Witness Fees for Witness Sabios signed by Magistrate Judge Barbara A. McAuliffe on 4/29/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MERRICK JOSE MOORE,

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Plaintiff,

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v.

Case No. 1:13-cv-01820-BAM (PC)
ORDER DIRECTING CLERK OF COURT TO
RETURN WITNESS FEES FOR WITNESS
SABIOS

CASAS, et al.,

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Defendants.

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

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s Eighth Amendment claims for excessive force against Defendants Meier, Casas,

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Childress, and Adams, and for failure to intervene against Defendants Ford and Thornburg, with

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respect to events that occurred on February 15, 2013. All parties have consented to Magistrate

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Judge jurisdiction. (ECF Nos. 7, 74.) This matter is set for trial on April 29, 2017.
On March 27, 2019, Plaintiff submitted witness fees for his unincarcerated witnesses,1 and

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the Court directed service of subpoenas on those witnesses. (ECF Nos. 138, 139.) On April 2,

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2019, the subpoena for R.N. Sabios was returned unexecuted, and the witness fees were returned.

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Plaintiff submitted three different checks: Witness Fees for C. Love in the amount of $102.64
(State of California Check #198-0754994); Witness Fees for R.N. Sabios in the amount of
$102.64 (State of California Check #198-0754995); and Witness Fees for R.N. B. Savage in the
amount of $102.64 (State of California Check #198-0754996).
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(ECF No. 143.)
On April 3, 2019, the Court issued an order for Plaintiff to show cause regarding his

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failure to provide sufficient information to effectuate service on Registered Nurse Sabios, or to

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provide corrected or updated information regarding the witness’s name and a new check made out

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to the correct individual. (ECF No. 145.) At the motions in limine hearing held on April 24,

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2019, Plaintiff indicated that given the existing time constraints of trial, he agreed to proceed to

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trial without the testimony of Registered Nurse Sabios.

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Accordingly, the Clerk of the Court is HEREBY DIRECTED to return State of California

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Check #198-0754994 in the amount of $102.64 for unincarcerated witness R.N. Sabios submitted

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by Plaintiff on March 27, 2019.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 29, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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