Cox v. Ylst

Filing 200

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/9/2018 CERTIFYING the testimony of David Kurtzman is relevant and material to the instant action; AUTHORIZING Petitioner to issue a subpoena pursuant to this Order; and DIRECTING the Marshal to pay fees and expenses for Mr. Kurtzman to travel to Sacramento, CA for his deposition on 2/8/2018 pursuant to this Order. (cc: USM) (Henshaw, R)

1
2
3
4
5
6
7
8
9

HEATHER E. WILLIAMS, State Bar No. 122664
Federal Defender
LISSA J. GARDNER, NM State Bar No. 9429
Assistant Federal Defender
[e-mail]
LINDSAY N. BENNETT, GA State Bar No. 141641
Assistant Federal Defender
[e-mail]
801 I Street, 3rd Floor
Sacramento, California 95814
[phone]; FAX [phone]

Attorneys for Petitioner,
MICHAEL A. COX

10
UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13
14

MICHAEL A. COX,
Petitioner,

15
16

v.

17
18

WARDEN, California State Prison at
San Quentin,

19

Respondent.

20
21

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:04-cv-00065 MCE CKD
DEATH PENALTY CASE
[PROPOSED] ORDER REQUIRING THE
UNITED STATES MARSHAL TO PAY FEES
AND EXPENSES OF WITNESS FOR
DEPOSITION

22
23

Pursuant to Rules 27 and 30 of the Federal Rules of Civil Procedure, and this Court’s Orders

24

issued May 29, 2015 and July 29, 2015 in this matter (Docs. 157 and 163), Petitioner will depose

25

David Kurtzman, a non-party on Thursday, February 8, 2018, from the hours of 9:00 a.m.

26

through and including 5:00 p.m. The deposition will be convened at the Office of the Federal

27

Defender for the Eastern District of California, 801 I Street, Fourth Floor, Sacramento,

28

1
Proposed Order

Cox v. Warden, Case No. 2:04-cv-00065 MCE-CKD

1
2
3
4

California 95814.
Good cause appearing, in accordance with 18 U.S.C. § 3006A and 28 U.S.C. § 1825, the
United States Marshal is authorized to pay fees of witnesses who testify on behalf of clients
represented by the Federal Public Defender. See also Guide to Judiciary Policy, Volume VII, §§

5
320.40.20. 320.40.10.
6
7
8

WHEREFORE, this Court enters an order:
1. Certifying that the testimony of David Kurtzman is relevant and material to the
instant action;

9
10

2. Authorizing Petitioner to issue a subpoena, pursuant to Rule 45, Fed. R. Civ. P.,

11
12

directing Mr. Kurtzman to appear for deposition in Sacramento on February 8, 2018;
3. Directing the Marshal to pay the fees and expenses for Mr. Kurtzman to travel from

13
South Lake Tahoe, California to attend the deposition in Sacramento, California;

14
15

travel and lodging to commence on February 7, 2018; the deposition to be convened

16

on February 8, 2018; lodging and expenses for the night of February 8, 2018 and

17

travel and expenses for return travel from Sacramento to South Lake Tahoe.

18

Expenses shall include the costs of mileage, parking, lodging, and meals.

19

The Federal Public Defender is hereby authorized to serve Mr. Kurtzman with a

20
21
22

subpoena and notice of his deposition.
IT IS SO ORDERED.

23
24

Dated: January 9, 2018

25

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

26
27
28

2
Proposed Order

Cox v. Warden, Case No. 2:04-cv-00065 MCE-CKD