Velasquez v. Sherman

Filing 141

ORDER DIRECTING US Marshals Service to Serve Non-Party Witness, signed by Magistrate Judge Christopher D. Baker on 3/6/2025. Service packet documents forwarded to USM for service as directed by this order. (Deputy Clerk CRM)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RICARDO VELASQUEZ,

12

Petitioner,

13

v.

14

STU SHERMAN.

15

Case No. 1:15-cv-01288-KES-CDB
ORDER DIRECTING U.S. MARSHALS
SERVICE TO SERVE NON-PARTY
WITNESS
(Docs. 118, 138)

Respondent.

16
17

Background

18

On April 12, 2024, the Court scheduled an evidentiary hearing in this matter for October

19

4, 2024, at 10:30 AM in Bakersfield before Magistrate Judge Christopher D. Baker. (Doc. 102).

20

In advance of the evidentiary hearing, on August 23, 2024, Petitioner Ricardo Velasquez served

21

a subpoena upon Juan Barajas commanding him to appear and give testimony. When Mr.

22

Barajas failed to appear for the evidentiary hearing, on November 4, 2024, the Court issued an

23

order commanding Mr. Barajas to appear in Court on December 19, 2024, to show cause why

24

he should not be held in contempt for his failure to comply with the subpoena and appear for

25

evidentiary hearing. (Doc. 118). Consistent with the Court’s order, counsel for Petitioner

26

attempted to serve Mr. Barajas but was unsuccessful.

27

Thereafter, the Court entered an order directing the U.S. Marshals Service to serve Mr.

28

Barajas with the subpoena. (Doc. 124). The U.S. Marshals Service was unsuccessful in its

1

attempts to serve Mr. Barajas. (Doc. 127).

2

On February 19, 2025, at Petitioner’s request, the Court again issued an order

3

commanding Mr. Barajas to appear in Court on April 30, 2025, to show cause why he should not

4

be held in contempt for his failure to comply with the subpoena and appear for evidentiary

5

hearing. (Doc. 138). Once again, consistent with the Court’s order, counsel for Petitioner

6

attempted to serve Mr. Barajas but was unsuccessful. (Doc. 140).

7

The Court will direct the U.S. Marshals Service to attempt to effect service upon Mr.

8

Barajas. The Court takes under submission Petitioner’s request of the Court to issue an arrest

9

warrant (see Doc. 140 at 2).

10

Conclusion and Order

11

Accordingly, IT IS HEREBY ORDERED:

12

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

13

Marshals Service:

14

a) One copy of the order to show cause issued on November 4, 2024 (Doc. 118);

15

b) One completed USM?285 form for Juan Barajas; and

16

c) Two copies of this order.

17

2. Within ten (10) days from the date of this order, the United States Marshal is

18

DIRECTED to notify the following nonparty witness of the April 30, 2025, hearing

19

on order to show cause and for evidentiary proceedings in accordance with the

20

provisions of Federal Rule of Civil Procedure 4 and 28 U.S.C. § 566(c):

21

a. Juan Barajas, last known address 708 20th Avenue, Delano, CA, and 430

22

Calle Card, Delano, CA;

23

3. The United States Marshals Service shall:

24

a. Personally serve the order to show cause issued on November 4, 2024 (Doc.

25

118) and a copy of this Order on Mr. Barajas pursuant to Federal Rule of Civil

26

Procedure 4 and 28 U.S.C. § 566(c); and

27

b. Within seven (7) days after personal service is effected, file the return of

28

service for Mr. Barajas, along with evidence of the costs subsequently
2

1

incurred in effecting service. Said costs shall be enumerated on the USM-285

2

form and shall include the costs incurred for photocopying additional copies

3

of the documents to be served and for preparing new USM-285 forms, if

4

required. Costs of service will be taxed against the personally served witness

5

in accordance with the provisions of Federal Rule of Civil Procedure 4(d).

6
7
8

IT IS SO ORDERED.
Dated:

March 6, 2025

___________________

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3