Thomas v. Lewis et al

Filing 218

ORDER Reversing Denial; ORDER Directing Service of Subpoena on Witness by the United States Marshal without Prepayment of Costs signed by District Judge Ana de Alba on 04/05/2023. Service within 48 Hours. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHNNY C. THOMAS,

12

Plaintiff,

13
14

ORDER REVERSING DENIAL
(ECF No. 207)

v.
MARK KUO,

15

Defendant.

16

ORDER DIRECTING SERVICE OF
SUBPOENA ON WITNESS BY THE UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS
(ECF Nos. 202, 203)
SERVICE WITHIN 48 HOURS

17

Plaintiff Johnny C. Thomas is a former state prisoner proceeding in forma pauperis in this

18
19

No. 1:16-cv-00524-ADA-EPG (PC)

civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for trial on April 11, 2023.
Pursuant to the Court’s orders (ECF Nos. 203, 205) and Plaintiff’s declaration (ECF No.

20
21

206), the Court is directing the United States Marshal to serve the following subpoenas. The

22

decision on the matter rendered in the Court’s Minute Order on April 3, 2023, stating otherwise

23

(ECF No. 207) is hereby reversed.

24

Plaintiff has submitted completed subpoenas and the required fees made payable to the

25

witness Dr. Vinh X. Mai, DDS, and to the witness Dr. Joel Napoles, DDS, both of whom are

26

being commanded to appear at trial on April 11, 2023.

27

///

28

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

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

3

States Marshal:

4

a. One completed and issued subpoena to be served on:

5

Vinh X. Mai

6

Kern Valley State Prison

7

3000 West Cecil Avenue

8

Delano, CA 93215

9

b. A completed USM-285 form regarding Dr. Vinh X. Mai;

10

c. One money order #19-515009792 in the amount of $138.00, made payable to

11

Dr. Vinh X. Mai, DDS;

12

d. One completed and issued subpoena to be served on:

13

Joel Napoles

14

10812 Vista Del Rando Drive

15

Bakersfield, CA 93311

16

A completed USM-285 form regarding Dr. Joel Napoles;

17

e. One money order #19-515009793 in the amount of $178.00, made payable to

18

Dr. Joel Napoles, DDS;

19

f. Three (3) copies of this order, one to accompany each subpoena, plus an extra

20

copy for the Marshal.

21

2. Within 48 hours from the date of service of this order, the United States Marshal is

22

directed to serve the subpoena and money order in accordance with the provisions of

23

Rule 45 of the Federal Rules of Civil Procedure.

24

///

25

///

26

///

27

///

28

///
2

1

3. The United States Marshal shall effect personal service and a copy of this order upon

2

the named individual in the subpoena pursuant to Rule 45 of the Federal Rules of Civil

3

Procedure and 28 U.S.C. § 566(c).

4

4. Within ten (10) days after personal service is completed, the United States Marshal

5

shall file the return of service, along with the costs subsequently incurred in effective

6

service. Said costs shall be enumerated on each USM-285 form.

7
8
9
10

IT IS SO ORDERED.
Dated:

April 5, 2023
UNITED STATES DISTRICT JUDGE

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