Antonetti v. Obama et al

Filing 80

ORDER DENYING # 75 Motion for Order re witness presence. Signed by Magistrate Judge William G. Cobb on 1/6/2014. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

JOSEPH ANTONETTI,

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Plaintiff,
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vs.
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BARACK OBAMA, et al.,
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Defendants.
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___________________________________ )

3:11-cv-00548-LRH-WGC
MINUTES OF THE COURT
January 6, 2014

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s motion entitled, “Order for Assistance in Witness Presence.”
(Doc. # 75.) Defendants responded and opposed Plaintiff’s motion (Doc. # 77) and Plaintiff replied
(Doc. # 79).
Plaintiff’s requests the “court order assistance in witness presence” by directing the Attorney
General’s office to “ensure inmate witnesses be transferred and available for trial.” (Doc. # 75 at 1.)
The Plaintiff also seeks the “U.S. Marshall’s (sic) assistance and all other court assistance available
to ensure these witnesses can be available for trial, including potential travel expenses, if available.”
(Id., at 1-2.) The Plaintiff cites no authority which might bestow upon the court the ability to enter
such orders. Defendants state they are unaware of any such authority. (Doc. # 77 at 1.)
The order granting Plaintiff leave to proceed in forma pauperis noted that “granting leave
to proceed in forma pauperis shall not extend to the issuance of subpoenas as government expense.”
(Doc. # 23, ¶ 2, p. 2.) The Ninth Circuit has recognized that “28 U.S.C. § 1915, the in forma
pauperis statute, does not waive payment of fees or expenses for witnesses.” Dixon v. Yist, 990 F.2d
478, 480 (9th Cir. 1993) (citing Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989). The court
lacks the authority to provide Plaintiff the relief he seeks.
Plaintiff’s motion (Doc. # 75) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk