Riel v. Woodford

Filing 491

ORDER signed by Magistrate Judge Dale A. Drozd on 05/16/11 ordering the court approves this certificate and directs the Marshal to pay the fees. (Copy of this order served on the U.S. Marshal.)(Plummer, M)

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ROBERT D. BACON, SB #73297
484 Lake Park Avenue, PMB 110
Oakland, California 94610
[phone]; FAX [phone]
E-mail: [e-mail]

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DANIEL BRODERICK, SB #89424
Federal Defender
JOAN M. FISHER, ID Bar No.2854
Assistant Federal Defender
TIVON SCHARDL, FL Bar No. 73016
Trial & Habeas Counsel
801 I Street, 3rd Floor
Sacramento, California 95814
[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

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

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vs.

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DEATH PENALTY CASE

WARDEN, San Quentin State Prison,

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CERTIFICATE OF ASSISTANT FEDERAL
DEFENDER FOR PAYMENT OF WITNESS
FEES

Respondent.

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Joan M. Fisher, Assistant Federal Defender 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), hereby certifies that the non-expert fact witnesses listed below,
having appeared and testified pursuant to subpoenas approved by this Court, are entitled to fees

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and mileage to be paid by the United States Marshal for the Eastern District of California. At the

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request of the Marshal, the undersigned also requests that the Court approve this certificate.

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On April 28, 2011, the following individual appeared on behalf of Petitioner as non-

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expert fact witnesses in this case: Joseph Berger.

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Certificate of Assistant Federal Defender
For Payment of W itness Fees

Riel v. Warden, 2:01-cv-00507 LKK DAD (TEM P)

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

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for a writ of habeas corpus . . . the United States marshal for the district shall pay . . . all fees of

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witnesses for the party authorized to proceed in forma pauperis . . . .” Where non-expert fact

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witnesses appeared “pursuant to subpoenas issued upon approval of the court, ” the marshal shall

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pay the witnesses’ fees “on certificate of a Federal public defender or assistant Federal public

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defender” who represents the party authorized to proceed in forma pauperis. 28 U.S.C. §

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1825(b)(1).

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Petitioner in this case has been authorized to proceed in forma pauperis, and the Federal
Public Defender has been appointed to represent him. The undersigned has been assigned to
represent Petitioner.
Undersigned issued subpoenas to the witness named herein pursuant to the Court’s orders

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granting an evidentiary hearing and directing that the testimony of Joseph Berger to be taken

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outside the courtroom.

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Fact witness voucher have been prepared for the named witness, and undersigned signed

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

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witnesses’ fees.
WHEREFORE, undersigned respectfully requests that this Court approve this certificate
and direct the Marshal to pay the fees.
Dated: May 16, 2011
Respectfully submitted,

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ROBERT D. BACON

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DANIEL J. BRODERICK
Federal Defender

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/s/ Joan M. Fisher
JOAN M. FISHER
Assistant Federal Defender

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TIVON SCHARDL
Trial & Habeas Counsel

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Attorney for Petitioner Charles Dell Riel

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Certificate of Assistant Federal Defender
For Payment of W itness Fees

Riel v. Warden, 2:01-cv-00507 LKK DAD (TEM P)

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APPROVED
DATED: May 25, 2011.

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dad1:capital
riel–factwitnesscertificate.wpd

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Certificate of Assistant Federal Defender
For Payment of W itness Fees

Riel v. Warden, 2:01-cv-00507 LKK DAD (TEM P)

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