Baker v. Macomber et al

Filing 166

ORDER signed by Magistrate Judge Allison Claire on 6/17/2021 DENYING plaintiff's 164 motion for service of subpoenas. (Yin, K)

Case 2:15-cv-00248-TLN-AC Document 166 Filed 06/17/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY RAY BAKER,

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Plaintiff,

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v.

No. 2:15-cv-0248 TLN AC P

ORDER

J. MACOMBER, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion for service of subpoenas. ECF No. 164. In his motion, plaintiff

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requests the court direct service of subpoenas on two correctional officers “to testify voluntarily.”

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Id. at 1. The motion will be denied.

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As plaintiff was previously advised, if the officers he seeks to have testify at trial are

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voluntary witnesses, there is no need for a subpoena. Plaintiff need only notify them of the date

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and time of the trial. If the officers will not testify voluntarily, plaintiff may request a subpoena

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to secure their appearance. However, in addition to completing and submitting subpoenas for

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service by the United States Marshal, plaintiff is required to submit a money order for each

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witness, payable to the witness he seeks to subpoena, for the full amount of the witness’s travel

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expenses plus the daily witness fee of $40.00. ECF No. 21 at 4; ECF No. 154 at 2. There is no

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indication that plaintiff has submitted the required money orders, and the court will not order the
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Case 2:15-cv-00248-TLN-AC Document 166 Filed 06/17/21 Page 2 of 2
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subpoenas served until the required money orders are received.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for service of subpoenas,

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ECF No. 164, is DENIED.

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DATED: June 17, 2021.

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