Estrada v. Biter

Filing 77

ORDER Granting Petititioner's Ex Parte Application for Authority to Subpoena Witnesses and have U.S. Marshal Pay Witness Fees Pursuant to 28 USC §1825(b) signed by Magistrate Judge Erica P. Grosjean on 04/24/2017. (Flores, E)

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1 2 3 4 CAROLYN PHILLIPS, #103045 Attorney at Law P.O. Box 5622 Fresno, California 93755-5622 Telephone: (559)248-9833 Facsimile: (559) 248-9820 Attorney for Petitioner Jaime I. Estrada 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JAIME I. ESTRADA, Petitioner, 10 11 12 13 14 Case No. 1:14-cv-679 DAD/EPG HC v. MARTIN BITER, Respondent. _________________________________ ORDER GRANTING PETITIONER’S EX PARTE APPLICATION FOR AUTHORITY TO SUBPOENA WITNESSES AND HAVE U.S. MARSHAL PAY WITNESS FEES PURSUANT TO 28 USC §1825(b) Date: May 5, 2017 Time: 9:00 a.m. Judge: Hon. Erica P. Grosjean 15 16 17 18 19 20 21 22 23 Petitioner JAIME I. ESTRADA, through counsel, asks this court for an ex parte order authorizing the issuance of subpoenas and the payment of witness fees by the United States Marshal as provided in 28 U.S.C. §1825(b). This court has already granted petitioner indigent status and has set an evidentiary hearing in this matter for May 5, 2017, at 9:00 a.m. The following witnesses must be present at the evidentiary hearing in order to allow Mr. Estrada to present an adequate case: 1. Deputy District Attorney Sandra Bishop 832 Twelfth St., Ste. 300 Modesto, CA 95353 (209)525-5550 DDA Bishop was the prosecutor in Estrada’s state trial and produced the 1 2 Stanislaus County District Attorney Office Memoranda regarding a plea offer and a 3 declaration filed during the state court’s consideration of Estrada’s state habeas petition. 2. Chuck McKenna 4224 Madison Lane Turlock, CA 95382 (209)634-0314 4 5 6 7 Mr. McKenna was the Deputy District Attorney who appeared at the pre-trial conference during which it appears that a 19-year offer was made. Subpoenas are necessary to secure the appearances of these witnesses at the May 8 9 5, 2017 evidentiary hearing. Dated: April 17, 2017 Respectfully submitted, 10 /s/ Carolyn D. Phillips Attorney for Petitioner Jaime I. Estrada 11 12 ORDER 13 14 15 Authorization for the issuance of subpoenas for Sandra Bishop and Chuck McKenna’s presence at the May 5, 2017 evidentiary hearing and payment of witness fees by the U.S. Marshal is hereby GRANTED. 16 IT IS SO ORDERED. 17 Dated: 18 19 20 21 22 23 April 24, 2017 /s/ UNITED STATES MAGISTRATE JUDGE

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