(PC) Reyna v. Kings County Jail et al

Filing 78

ORDER DENYING Plaintiff's 74 Motion to Modify Due Date for Witness Money Orders as Moot; ORDER DIRECTING Plaintiff to Complete and Return Subpoenas and USM-285 Forms, signed by Magistrate Judge Gary S. Austin on 3/6/2025. Plaintiff's completed forms due in TEN DAYS. (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN REYNA,

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No. 1:20-cv-00447 KES GSA (PC)
Plaintiff,

v.

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KINGS COUNTY JAIL, et al.,

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Defendants.

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ORDER DENYING PLAINTIFF’S MOTION
TO MODIFY DUE DATE FOR WITNESS
MONEY ORDERS AS MOOT
(ECF No. 74)
ORDER DIRECTING PLAINTIFF TO
COMPLETE AND RETURN SUBPOENAS
AND USM-285 FORMS
PLAINTIFF’S COMPLETED FORMS DUE IN
TEN DAYS

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This matter is at the
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pretrial stage of the proceedings. See ECF No. 51 (second scheduling order (trial)). It is set for
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trial on May 6, 2025. See id.
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Before this Court is Plaintiff’s motion to modify the due date for sending in money order

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fees for unincarcerated witnesses. ECF No. 74. The Court has also been notified that on or
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around February 28, 2025, Plaintiff submitted money orders to the Court for witness fees for two
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unincarcerated witnesses.
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For the reasons stated below, Plaintiff’s motion to modify the due date for him to send

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money orders for witness fees to the Court will be denied as moot. In addition, Plaintiff will be

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ordered to complete and return subpoenas and USM-285 forms for Brooke Schriber and Marci

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Snyder as well as for Defendants Deputy Eusebia Valdez, Sergeant Monique Putnam and Deputy

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Alfredo Alcala. Plaintiff will be given ten days to do so.

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I.

MOTION TO MODIFY DUE DATE OF WITNESS FEES

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On February 13, 2025, Plaintiff filed a motion to modify the due date to send in the

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witness fees he must pay in this case. ECF No. 74. Since the filing of that motion, it appears that

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on or around February 28, 2025, Plaintiff submitted two money orders for witness fees to the

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Court. Accordingly, Plaintiff’s motion to modify the due date to submit those fees to the Court

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will be denied as moot.

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II.

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On or around February 28, 2025, Plaintiff submitted the required fees made payable to

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witnesses Brooke Schriber and Marci Snyder. These individuals are not defendants in this matter.

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Plaintiff, however, has alleged that Witness Schriber can testify regarding the retaliation that is at

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issue in this case. See ECF No. 55, 62. Plaintiff also contends that as the person who is in charge

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of the mailroom at Kings County Jail, Witness Snyder can testify regarding the policies and

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procedures of the mailroom. See ECF Nos. 58, 61. In addition, Plaintiff has requested that

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Defendants Deputy Alfredo Alcala; Deputy Eusebia Valdez, and Sergeant Monique Putnam – all

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of whom are also unincarcerated witnesses who may refuse to testify – be subpoenaed to testify.

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See ECF No. 60.

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ORDER REGARDING SUBPOENAS AND USM-285 FORMS

Given these facts, the Clerk of Court will be directed to send Plaintiff a sufficient number

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of subpoenas and USM-285 forms to ensure the attendance of each of these individuals at trial.

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Plaintiff will then be directed to complete the forms and return them to the Court so that the

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witnesses can be served by the United States Marshal. Given the short time remaining between

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now and the trial date, Plaintiff will only be given ten days to comply with this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall send Plaintiff the following:

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a. Five blank subpoena forms, and

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b. Five blank USM-285 forms.

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2. Within ten days from the date of this order, Plaintiff shall COMPLETE the subpoena

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and summons forms in their entirety with the correct information for all five witnesses and

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RETURN them to the Court.

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Upon receipt of the documents from Plaintiff, the Court will order the United States
Marshal to serve the subpoenas along with the money orders on the appropriate parties.

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IT IS SO ORDERED.
Dated:

March 6, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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