Riel v. Woodford

Filing 484

ORDER signed by Magistrate Judge Dale A. Drozd on 4/14/11 APPROVING the 482 certificate and DIRECTING the USM to pay the witness fees. (cc: USM Priority, Financial) (Yin, K)

1 ROBERT D. BACON, SB #73297
2 484 Lake Park Avenue, PMB 110

Oakland, California 94610
3 [phone]; FAX [phone]
E-mail: [e-mail]

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DANIEL BRODERICK, SB #89424

5 Federal Defender
6 JOAN M. FISHER, ID Bar No.2854

Assistant Federal Defender
7 TIVON SCHARDL, FL Bar No. 73016
Trial & Habeas Counsel
8 801 I Street, 3rd Floor
Sacramento, California 95814
9 [phone]; FAX [phone]

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Attorneys for Petitioner Riel

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES D. RIEL

Case No. 2:01-cv-00507 LKK DAD (TEMP)

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Petitioner,

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DEATH PENALTY CASE

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CERTIFICATE OF ASSISTANT FEDERAL
DEFENDER FOR PAYMENT OF WITNESS
FEES

18 WARDEN, San Quentin State Prison,
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Respondent.

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COMES NOW Tivon Schardl, Trial & Habeas Counsel for the Federal Defender of the Eastern
District of California, and appointed counsel for Petitioner CHARLES RIEL, pursuant to 28 U.S.C.
section 1825(b)(1), and hereby certifies that the non-expert fact witnesses listed below, having

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appeared and testified pursuant to subpoenas approved by this Court, are entitled to fees and mileage to

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be paid by the United States Marshal for the Eastern District of California. At the request of the
Marshal, undersigned also requests that the Court approve this certificate.
On March 1, 2011, the following individuals appeared on behalf of Petitioner as non-expert fact
witnesses in this case: Martin Collins and Robert Dolliver.

Fact-Witness Certification

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Riel v. Warden, 2:01-cv-507-LKK-DAD (TEMP)

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Section 1825(b) of the Judicial Code provides that “[i]n proceedings in forma pauperis for a

2 writ of habeas corpus . . . the United States marshal for the district shall pay . . . all fees of witnesses
3 for the party authorized to proceed in forma pauperis . . . .” Where non-expert fact witnesses appeared
4 “pursuant to subpoenas issued upon approval of the court,” the marshal shall pay the witnesses’ fees
5 “on certificate of a Federal public defender or assistant Federal public defender” who represents the
6 party authorized to proceed in forma pauperis. 28 U.S.C. § 1825(b)(1).
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Petitioner in this case has been authorized to proceed in forma pauperis, and the Federal Public

8 Defender has been appointed to represent him. The undersigned has been assigned to represent
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Undersigned issued subpoenas to the witnesses named herein pursuant to the Court’s orders

11 granting an evidentiary hearing and directing that the testimony of Dolliver and Collins be taken
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Fact witness vouchers have been prepared for each of the named witnesses, and undersigned

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signed the certificates thereon. However, the marshal typically requests a court order before paying

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the witnesses’ fees.
WHEREFORE, undersigned respectfully requests that this Court approve this certificate and
direct the marshal to pay the fees.
Dated: April 14, 2011
Respectfully submitted,

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ROBERT D. BACON

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DANIEL J. BRODERICK
Federal Defender

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/s/ Tivon Schardl
TIVON SCHARDL
Trial & Habeas Counsel

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JOAN M. FISHER
Assistant Federal Defender

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Attorney for Petitioner Charles Dell Riel

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Fact-Witness Certification

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Riel v. Warden, 2:01-cv-507-LKK-DAD (TEMP)

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APPROVED
Date: 4/14/2011

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DEAC_Signature-END:

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Fact-Witness Certification

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Riel v. Warden, 2:01-cv-507-LKK-DAD (TEMP)