Asberry v. Biter
Filing
295
ORDER DIRECTING Service of Subpoena on Witness by United States Marshal without Prepayment of Costs; Service within 7 Days signed by Magistrate Judge Helena M. Barch-Kuchta on 2/2/2023. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TONY ASBERRY,
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Plaintiff,
v.
C. RELEVANTE, LOZOVOY, FERRIS,
GODFREY,
ORDER DIRECTING SERVICE OF
SUBPOENA ON WITNESS BY UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS
SERVICE WITHIN 7 DAYS
Defendants.
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Case No. 1:16-cv-01741-JLT-HBK (PC)
Plaintiff Tony Asberry (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for trial on
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April 4, 2023.
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Plaintiff has submitted the required fees made payable to the witness Dr. Lopez, being
commanded to appear at trial on April 5, 2023.
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Accordingly, IT IS HEREBY ORDERED 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:
a. One completed and issued subpoena to be served on:
Dr. Lopez
Kern Valley State Prison
3000 W Cecil Ave, Delano, CA 93215
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b. One completed USM-285 form;
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c. One money order #22-022114056 in the amount of $141.25, made payable to
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Dr. Lopez;
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d. Two (2) copies of this order, one to accompany the subpoena, plus an extra
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copy for the Marshal.
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2. Within seven (7) days from the date of service of this order, the United States Marshal
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is directed to serve the subpoena and money order in accordance with the provisions
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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 individual in the subpoena pursuant to Rule 45 of the Federal Rules of Civil
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Procedure and 28 U.S.C. § 566(c).
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4. Within ten (10) days after personal service is completed, the United States Marshal
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shall file the return of service, along with the costs subsequently incurred in effective
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service. Said costs shall be enumerated on the USM-285 form.
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Dated:
February 2, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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