(PC) Solorio v. Sullivan et al

Filing 86

ORDER for Clerk to Return Plaintiff's Check #198-1313123 Received by the Court on January 13, 2023 and ORDER for Plaintiff to Send the Court a Money Order in the Amount of $292.18 Made Payable to Dr. A. Wagner by June 23, 2023, signed by Magistrate Judge Gary S. Austin on 1/18/2023. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADRIAN SOLORIO,

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Plaintiff,
v.
W. SULLIVAN, et al.,

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Defendants.
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1:19-cv-00688-JLT-GSA-PC
ORDER FOR CLERK TO RETURN
PLAINTIFF’S CHECK #198-1313123
RECEIVED BY THE COURT ON
JANUARY 13, 2023
ORDER FOR PLAINTIFF TO SEND THE
COURT A MONEY ORDER IN THE
AMOUNT OF $292.18 MADE PAYABLE
TO DR. A. WAGNER
DEADLINE TO SUBMIT MONEY ORDER
MADE PAYABLE TO DR. A. WAGNER:
JUNE 23, 2023

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Adrian Solorio (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This case is scheduled for jury trial on

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September 19, 2023 at 8:30 a.m. before the Honorable Jennifer L. Thurston.

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On December 30, 2022, the court issued an order granting Plaintiff’s Request Regarding

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Witness Fees filed by Plaintiff on December 15, 2022. (ECF No. 81.) The order notified Plaintiff

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that “[i]f Plaintiff wishes to have the U.S. Marshal serve a subpoena on witness Dr. A. Wagner,

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Plaintiff must submit a money order in the amount of $292.18, made payable to Dr. A.

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Wagner, to the court no later than January 20, 2023.” (Id. at 2:16-19 (emphasis added.))
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On January 13, 2023, Plaintiff submitted Check #198-1313123 to the Court in the amount

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of $292.18, made payable to the U.S. District Court. (Court Record.) Because Plaintiff submitted

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a Check rather than a Money Order, and the Check being made payable to the U.S. District Court

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instead of Dr. A. Wagner, the Court shall return Check #198-1313123 to Plaintiff.

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If Plaintiff wishes to obtain the attendance of Dr. A. Wagner as his witness at trial,

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Plaintiff must submit a Money Order in the amount of $292.18 made payable to Dr. A.

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Wagner. A subpoena will not be served upon the unincarcerated witness by the U.S. Marshal

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unless the Money Order is tendered to the court. Because no statute authorizes the use of public

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funds for these expenses in civil cases, the tendering of witness fees and travel expenses is

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required even if the party was granted leave to proceed in forma pauperis.

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Accordingly, if Plaintiff wishes to have the U.S. Marshal serve a subpoena on Dr. A.

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Wagner to obtain the attendance of Dr. A. Wagner as a witness at trial, Plaintiff must

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submit a Money Order in the amount of $292.18, made payable to Dr. A. Wagner, to the

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Court no later than June 23, 2023.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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The Clerk of Court is directed to return to Plaintiff Check #198-1313123, which

was received by the court on January 13, 2023;
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If Plaintiff wishes to obtain the attendance of witness Dr. A. Wagner at his trial,

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Plaintiff must submit a Money Order in the amount of $292.18, made payable to Dr. A. Wagner,

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to the Court no later than June 23, 2023.

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IT IS SO ORDERED.
Dated:

January 18, 2023

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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