Friedman v. State Of Nevada et al

Filing 198

ORDERED that P's # 194 Request for a subpoena form is GRANTED. The clerk is instructed to send petitioner one subpoena form. ( Clerk issued blank deposition subpoena form AO-88A and mailed to P 8/25/2011 with copy of instant Order. ) Signed by Judge Larry R. Hicks on 8/25/2011. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
9

KENNETH FRIEDMAN,

10

Petitioner,

11

vs.

12
STATE OF NEVADA, et al.,
13
Respondents.
14

)
)
)
)
)
)
)
)
)
)
)
/

3:07-cv-00338-LRH-VPC
ORDER

15
16

This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 20, 2011, the

17

court issued an order allowing for the deposition of Thomas M. Kerr. (ECF No. 191.) On July 28, 2011,

18

petitioner requested a subpoena for Mr. Kerr and for information concerning witness fees.

19

In accordance with Rule 45(a)(3) of the Federal Rules of Civil Procedure, “[t]he clerk must issue

20

a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before

21

service.” Fed. R. Civ. P. 45(a)(3).

22

The court directs the clerk to mail to petitioner, with this order, one signed but otherwise blank

23

deposition subpoena form, which should be completed by petitioner. Because petitioner paid the filing

24

fee in this action, and is not proceeding in forma pauperis, he is responsible for personally serving the

25

subpoena at his own expense. See ECF No. 20. Additionally, although the court has authorized payment

26

for the court reporter and deposition transcripts under the Criminal Justice Act, petitioner must pay for

1
2
3

Mr. Kerr’s witness fee and, if applicable, travel expenses. Fed R. Civ. P 45; 28 U.S.C. § 1821.
IT IS THEREFORE ORDERED that petitioner’s request for a subpoena form (ECF No. 194)
is GRANTED. The clerk is instructed to send petitioner one subpoena form.

4
5

DATED this 25th day of August, 2011.

6
7
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2