(PC) Sekona v. Francis et al

Filing 166

ORDER DIRECTING Service of Subpoena on Witness (Correctional Officer Commagay) by United States Marshal Without Prepayment of Costs, signed by Magistrate Judge Helena M. Barch-Kuchta on 8/30/2024. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ETUATE SEKONA,

12

Plaintiff,

13
14

v.
M. FRANCIS,

15

Defendant.

Case No. 1:19-cv-00529-KES-HBK (PC)
ORDER DIRECTING SERVICE OF
SUBPOENA ON WITNESS BY UNITED
STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS
IMMEDIATE SERVICE

16
17

Plaintiff Etuate Sekona (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 17, 2024, the Court

19

confirmed this matter is set for trial on September 10, 2024 at 8:30 a.m. (Doc. No. 126).
Plaintiff has submitted the required fees made payable to the witness Correctional

20
21

Officer Commagay, being commanded to appear at trial on September 10, 2024. 1

22

Accordingly, IT IS HEREBY ORDERED that:

23

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

24
25
26
27
28

Plaintiff previously submitted a payment of $137.00 in witness fees for Commagay, which the Court
ordered him to retain after the trial was reset on September 6, 2023. (See Doc. No. 112 at 2:9-10). On
June 18, 2024, the Court assessed an additional $12.00 in witness fees due to the increase in the mileage
reimbursement rate applicable to witness travel. (See Doc. No. 128 at 2). After Plaintiff was unable to
pay the additional fees, the Court sought and obtained authorization from Chief Judge Mueller to use NonAppropriated Funds to pay the additional $12.00 in travel fees, which will be mailed directly to
Commagay’s attention at KVSP by the District Court’s Finance Department. (See Doc. No. 164).
1

1

1

the United States Marshal:
a. One completed and issued subpoena to be served on:
Correctional Officer Commagay
Kern Valley State Prison
P.O. Box 3130, Delano, CA 93216-6000

2
3
4

b. One completed USM-285 form;

5

c. Two (2) copies of this order, one to accompany the subpoena, plus an extra

6

copy for the Marshal.

7

2. Upon receipt of this order, the United States Marshal is directed to serve the subpoena

8

in accordance with the provisions of Rule 45 of the Federal Rules of Civil Procedure.

9

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

10

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

11

Procedure and 28 U.S.C. § 566(c).

12

4. After personal service is completed, the United States Marshal shall file the return of

13

service, along with the costs subsequently incurred in effective service. Said costs

14

shall be enumerated on the USM-285 form.

15

5. The Clerk of Court shall provide a copy of this Order to the Litigation Coordinator at

16

Kern Valley Prison.

17
18
19

Dated:

August 30, 2024

HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

20
21
22
23

Cc: Finance Department, U.S. District Court - Eastern District of California

24
25
26
27
28
2