Riel v. Woodford

Filing 626

ORDER signed by Magistrate Judge Deborah Barnes on 6/11/2023 CERTIFYING that the testimony of Lori Prestley, Jeffrey R. Richards, Lael E. Richards, Joseph Ross, and Shannon Rivera-Sartore is relevant and material to the instant action in order to p erpetuate witness testimony. The USM is AUTHORIZED to pay fees of witnesses who testify on behalf of clients represented by the Federal Public Defender. The USM is DIRECTED to pay: Lori Prestley $87.16, Jeffrey R. Richards $40.00, Lael E. Richards $40.00, Joseph Ross $45.50, and Shannon Rivera-Sartore $70.13. (cc: Hand-delivered, certified to USM) (Huang, H)

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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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Petitioner,

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No. 2:01-cv-0507 MCE DB
DEATH PENALTY CASE

v.

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WARDEN, San Quentin State Prison,

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ORDER

Respondent.

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Petitioner moves pursuant to 28 U.S.C. § 1825(b)(1) for compensation for the following

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non-expert witnesses: (1) Lori Prestley1; (2) Jeffrey R. Richards; (3) Lael E. Richards; (4) Joseph

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Ross; and (5) Shannon Rivera-Sartore. (ECF No. 622.) Petitioner states, these individuals were

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subpoenaed and appeared for depositions on November 14-17, 2022. (Id. at 1.) Petitioner further

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states these depositions were part of a petition for writ of habeas corpus in which petitioner is

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proceeding in forma pauperis and these witnesses testified on behalf of petitioner. (Id. at 1-2.)
Petitioner states Ms. Prestley is entitled to receive $87.16; $40.00 for her attendance and

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$47.16 for travel expenses. Ms. Prestley traveled 72 miles to attend the deposition and return

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home on November 14, 2022.

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Lori Prestley was previously known as Lori Barnhart Dutton. (See e.g., ECF No. 359 at 7.)
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Petitioner states Mr. Richards and Ms. Richards are each entitled to $40.00 for their

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attendance on November 15, 2022. They did not expend any travel costs to attend the deposition.

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Petitioner states Mr. Ross traveled 7 miles to attend the deposition and return home on

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November 16, 2022. Thus, Mr. Ross is entitled to receive $44.50; $40.00 for attendance and

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$4.45 for travel expenses.

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Ms. Rivera-Sartore traveled 46 miles round trip to attend the deposition on November 17,

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2022. Petitioner states she is entitled to receive $70.13; $40.00 for her attendance and $30.13 for

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travel expenses.

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IT IS HEREBY ORDERED:
1. The Court certifies that the testimony of (1) Lori Prestley; (2) Jeffrey R. Richards; (3)

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Lael E. Richards; (4) Joseph Ross; and (5) Shannon Rivera-Sartore is relevant and material to the

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instant action in order to perpetuate witness testimony.

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2. Pursuant to 18 U.S.C. § 3006A and 28 U.S.C. § 1825, the United States Marshal is

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authorized to pay fees of witnesses who testify on behalf of clients represented by the Federal

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Public Defender. See also Guide to Judiciary Policy, Volume VII, §§ 320.40.20; 320.40.10.

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3. The United States Marshal is directed to pay:

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Lori Prestley $87.16;

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Jeffrey R. Richards $40.00;

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Lael E. Richards $40.00;

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Joseph Ross $45.50; and

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Shannon Rivera-Sartore $70.13.

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Dated: June 11, 2023

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DB:12
DB/orders-capital/riel.0507.depo paym ord

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