York v. Stewart et al

Filing 193

ORDER directing Plaintiff to submit fees for unincarcerated witnesses signed by Magistrate Judge Barbara A. McAuliffe on 6/21/2023. Witness Fees Due: 7/17/2023. (Lundstrom, T)

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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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Case No. 1:15-cv-01828-ADA-BAM (PC)
ORDER DIRECTING PLAINTIFF TO
SUBMIT FEES FOR UNINCARCERATED
WITNESSES
Witness Fees Due: July 17, 2023

Defendants.

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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 August 15,

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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 August 15, 2023. (ECF No. 192.) In light of the age of the checks issued for the

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witness fees, Plaintiff and defense counsel reported during the April 5, 2023 status conference

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that the funds were returned to Plaintiff’s inmate trust account.

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The witness fees for M. Becina, RN and Malvin U. Pallomina, NP are set forth below.

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The amount is based on the daily witness fee of $40.00, plus round-trip mileage at the current

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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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reimbursement rate of $0.655 per mile.2 28 U.S.C. § 1821.

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Thus, if Plaintiff wishes to have these witnesses served with a summons to testify at trial,

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then Plaintiff must submit a separate money order, made out to each witness, in the amounts set

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forth below:

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1. For M. Becina, RN, Plaintiff must submit a money order in the amount of $146.11;3 and

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2. For Malvin U. Pallomina, NP, Plaintiff must submit a money order in the amount of

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$181.48.4

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Accordingly, it is HEREBY ORDERED that Plaintiff’s deadline to submit the above-

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listed money order in the full amount for the unincarcerated witnesses to be served with summons

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to testify at trial is July 17, 2023. Plaintiff is advised that the Court cannot accept cash, and

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money orders cannot be made out to the Court, but must be made out to the individual witness

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in that witness’s name.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 21, 2023

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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As of January 1, 2023, the mileage reimbursement rate for a privately owned vehicle is $0.655 per mile. U.S.
General Services Administration, Privately Owned Vehicle (POV) Mileage Reimbursement Rates,
https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-mileage-rates (last
visited June 21, 2023).
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Plaintiff reports that M. Becina, RN is located at Kern Valley State Prison (KVSP), 3000 West Cecil Avenue, P.O.
Box 6000, Delano, CA 93216. It is 162 miles, round-trip, from that location to the courthouse.

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Plaintiff reports that Malvin U. Pallomina, NP is located at Medical Group Practices – Adventist Health Bakersfield
Hospital, 2811 H. Street, Bakersfield, CA 93301-1913. It is 216 miles, round-trip, from that location to the
courthouse.

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