BENNING v. DOZIER et al

Filing 130

ORDER denying 128 Motion for issuance of subpoena to Jennifer Ammons and request for the subpoena to be served by U.S. Marshals Service Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/26/2023 (sst)

Case 5:18-cv-00087-TES-CHW Document 130 Filed 10/26/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RALPH HARRISON BENNING,

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Plaintiff,
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v.
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Commissioner GREGORY DOZIER
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Defendant.
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_______________________________________:

Case No. 5:18-cv-087-TES-CHW

Proceedings Under 42 U.S.C. § 1983
Before the U.S. Magistrate Judge

ORDER
Plaintiff has submitted a subpoena for the clerk’s signature and service by the U.S.
Marshals service, which was docketed as a motion for issuance of subpoena. (Doc. 128). Plaintiff’s
request mimics his previous request for issuance of a subpoena for the appearance of Jennifer
Ammons, General Counsel of the Georgia Department of Corrections, at a November 2023
hearing, directing that she produce several documents when she appears. (Doc. 125). The Court
denied Plaintiff’s previous request, in part, because Plaintiff’s in forma pauperis status does not
alleviate the responsibility to pay certain costs of litigation and Plaintiff’s motion did not explain
how he planned to pay for witness fees and other costs related to the production of documents.
(Doc. 126). Plaintiff’s current request does not cure these defects. See (Doc. 128). Therefore, for
the reasons explained in the Court’s previous order (Doc. 126), Plaintiff’s request for the issuance
of a subpoena (Doc. 128) is DENIED.
SO ORDERED, this 26th day of October, 2023.
s/ Charles H. Weigle_________
Charles H. Weigle
United States Magistrate Judge

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