Buckenberger v. Reed et al

Filing 278

ORDER denying 275 Motion for the issuance of subpoenas to compel certain persons to appear at the scheduled evidentiary hearing.; denying 276 Motion to Amend the complaint in the future to add as defendants unidentified employees of Archie's Wrecker Service. Signed by Magistrate Judge Daniel E. Knowles, III on 6/27/11. (sek, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHRISTOPHER BUCKENBURGER

CIVIL ACTION

VERSUS

NO. 06-7393

WALTER REED - DISTRICT
ATTORNEY, ET AL.

SECTION: “F” (3)

ORDER
Plaintiff has filed a motion for the issuance of subpoenas to compel certain persons to appear
at the scheduled evidentiary hearing. Rec. Doc. 275. That motion is DENIED. The Federal Rules
of Civil Procedure require that the $40 witness fee and the reasonably estimated mileage expenses
allowed by law be simultaneously tendered at the time a subpoena is served. See 28 U.S.C. § 1821;
Fed.R.Civ.P. 45(b)(1); In re Dennis v. Dennis, 330 F.3d 696, 704-05 (5th Cir. 2003). The Court is
not authorized to waive or pay witness fees on behalf of litigants proceeding in forma pauperis.
Pedraza v. Jones, 71 F.3d 194, 196 n.4 (5th Cir. 1995). Accordingly, until such time as plaintiff
makes available the necessary funds for the witness fees and expenses to be tendered with the
subpoenas, the subpoenas will not be issued.
Plaintiff has also filed a motion for leave to amend the complaint in the future to add as
defendants unidentified employees of Archie’s Wrecker Service. Rec. Doc. 276. That motion is
likewise DENIED. Because plaintiff is not yet ready to amend the complaint, his motion is

premature. Moreover, in any event, the amendments would be futile because any claims against
those individuals are obviously prescribed. See Gregory v. Mitchell, 634 F.2d 199, 203 (5th Cir.
1981) (in ruling on a motion for leave to amend the complaint, the Court may consider, inter alia,
the futility of the proposed amendments).
New Orleans, Louisiana, this twenty-seventh day of June, 2011.

____________________________________
DANIEL E. KNOWLES, III
UNITED STATES MAGISTRATE JUDGE