York v. Stewart et al

Filing 185

ORDER Directing Clerk of Court to Return Witness Fees for Witness Becina and Pallomina to State of California for Re-Issuance and Directing Clerk of Court to Serve Copy of Order on Attorney General's Office Supervisors signed by Magistrate Judge Barbara A. McAuliffe on 3/22/2023. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,

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v.

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GARCIA, et al.,

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Defendants.

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Case No. 1:15-cv-01828-ADA-BAM (PC)
ORDER DIRECTING CLERK OF COURT TO
RETURN WITNESS FEES FOR WITNESSES
BECINA AND PALLOMINA TO STATE OF
CALIFORNIA FOR RE-ISSUANCE
ORDER DIRECTING CLERK OF COURT TO
SERVE COPY OF ORDER ON ATTORNEY
GENERAL’S OFFICE SUPERVISORS

Plaintiff Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This matter is set for a jury trial to begin April 25,

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2023 at 8:30 a.m. in Courtroom 1 (ADA) before District Judge Ana de Alba.
On December 27, 2021, Plaintiff submitted witness fees for his unincarcerated witnesses,1

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in anticipation of a March 1, 2022 trial date. (See ECF No. 152.) The trial has since been

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continued to April 25, 2023. (ECF No. 172.)
In light of the age of the checks issued (in light of the delay arising from DOVID-19) for

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the witness fees, and to prevent any issues with the witnesses receiving the appropriate

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compensation for their testimony, the Court finds it appropriate to return the checks to the State of

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Plaintiff submitted two different checks: Witness Fees for Malvin U. Pallomina in the amount of
$160.69 (State of California Check #198-1173595); and Witness Fees for M. Becina in the
amount of $130.72 (State of California Check #198-1173596).
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California for re-issuance with a more current date. The checks should include the same witness

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information and fee amounts, but need to be re-issued and sent to the Court with a current date.

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To avoid another continuation of the trial date in this matter, the Court requests that these

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checks be re-issued as soon as practicable.

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Accordingly, IT IS HEREBY ORDERED as follows:
1. The Clerk of the Court is DIRECTED to return the following checks to the State of

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California (California State Prison – Los Angeles County) for re-issuance by the State of

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California as soon as practicable:

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a. One State of California Check #198-1173595 in the amount of $160.96 for witness

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Malvin U. Pallomina, NP, submitted by Plaintiff on December 27, 2021;

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b. One State of California Check #198-1173596 in the amount of $130.72 for witness

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M. Becina, RN, submitted by Plaintiff on December 27, 2021;
2. In the interest of expediting this matter, the Clerk of the Court is also DIRECTED, using

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the Court’s CM/ECF system, to serve courtesy copies of this order on:

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a. Monica Anderson, Senior Assistant Attorney General; and

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b. Lawrence Bragg, Supervising Deputy Attorney General.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 22, 2023

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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