Reyes v. Flores et al

Filing 93

ORDER DIRECTING Service of Subpoenas on Unincarcerated Witnesses by the United States Marshal, signed by Magistrate Judge Jennifer L. Thurston on 9/18/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABEL P. REYES,

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Case No. 1:16-cv-0586-DAD-JLT (PC)
Plaintiff,

v.

ORDER DIRECTING SERVICE OF
SUBPOENAS ON UNINCARCERATED
WITNESSES BY THE UNITED STATES
MARSHAL

M. FLORES, et al.,
SERVICE WITHIN 7 DAYS

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Defendants.

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Plaintiff Abel Reyes is a state prisoner proceeding pro se and in forma pauperis in this civil

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action pursuant to 42 U.S.C. § 1983. This matter is set for a trial before United States District Judge

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Dale A. Drozd on October 29, 2019, at 8:30 a.m. in Courtroom 5.

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Plaintiff has submitted the required fees made payable to eleven witnesses being

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commanded to appear at the trial. The eleven unincarcerated witnesses are B. Whitfield; G.

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Andrade; Teresa Macias; Alford; E. Cortez; Michelle Campbell; Dr. Julian Kim; Dr. Antony H.

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Horan; Dr. Jaber Noor; Dr. Alissa K. Snyder; and Dr. Perkin Hugh. Though plaintiff has specified

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the witnesses he intends to question for each of the trial days, see Doc. 89, the Court finds that it

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would be most expeditious to allow defense counsel to coordinate the appearances of the witnesses

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for the second day of trial and beyond.

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Accordingly, the Court ORDERS that:

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1.

The Clerk of the Court is directed to forward the following documents to the United
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States Marshal:

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a.

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Eleven completed and issued subpoenas to be served on the following
individuals and for the following dates:

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FOR APPEARANCE ON OCTOBER 29, 2019

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B. Whitfield, Licensed Vocational Nurse

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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G. Andrade, Supervising Registered Nurse II

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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Teresa Macias, Chief Executive Officer

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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FOR APPEARANCE ON OCTOBER 30, 2019

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Alford, Correctional Officer 2/W

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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E. Cortez, Correctional Officer 3/W

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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Michelle Campbell, Registered Nurse

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Delano Regional Medical Hospital

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1401 Garces Highway

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Delano, California 93215

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Julian Kim, M.D.

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California State Prison—Corcoran

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4001 King Avenue

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Corcoran, California 93212

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Anthony H. Horan, Urologist Surgeon

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Delano Regional Medical Hospital

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1401 Garces Highway

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Delano, California 93215

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Jaber Noor, M.D.

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Mercy Hospital

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2215 Truxtun Avenue

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Bakersfield, California 93301

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Alissa K. Snyder, M.D.

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Mercy Hospital

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2215 Truxtun Avenue
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Bakersfield, California 93301

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Perkin Hugh, M.D., Urologist

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Twin Cities Community Hospital

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110 Las Tables Road

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Templeton, California 93465

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b.

Eleven completed USM-285 forms;

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c.

Money orders submitted by Plaintiff on August 27, 2019, to accompany each

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respective witness:

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i. Witness Fees for B. Whitfield, LVN in the Amount of $103.80

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(26053343256),
ii. Witness Fees for G. Andrade, SRN II in the Amount of $103.80
(26053343245),
iii. Witness Fees for Teresa Macias, CEO in the Amount of $103.80
(26053343234),
iv. Witness Fees for Alford, Correctional Officer, in the Amount of $103.80
(26053343223),
v. Witness Fees for E. Cortez, Correctional Officer, in the Amount of
$103.80 (26053343212),
vi. Witness Fees for Julian Kim, MD, in the Amount of $103.80
(26053343201),
vii. Witness Fees for Anthony Horan, Urologist, in the Amount of $130.48
(26053343267),
viii. Witness Fees for Michelle Campbell, RN, in the Amount of $130.48
(26053343278),
ix. Witness Fees for Noor Jaber, MD, in the Amount of $166.44
(26053343291),
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x. Witness Fees for Alissa Snyder, in the Amount of $166.44

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(26053343280),

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xi. Witness Fees for Hugh Perkin, MD, in the Amount of $174.56

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(26053343302);

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d.

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Twelve copies of this order, one to accompany each subpoena, plus an extra
copy for the Marshal.

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Within seven days from the date of service of this order, the United States Marshal

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is directed to serve the subpoenas and money orders in accordance with the

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provisions of Rule 45 of the Federal Rules of Civil Procedure.

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3.

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

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the named individuals in the subpoena pursuant to Rule 45 of the Federal Rules of

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

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4.

Within ten days after personal service is completed, the United States Marshal shall

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

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service on the USM-285 form.

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IT IS SO ORDERED.
Dated:

September 18, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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