Fernandez v. Centric et al

Filing 83

ORDER DENYING 82 Motion for Clerk to serve subpoenas. The Clerk shall issue 4 blank subpoenas and send them to P. The Clerk shall also send P a copy of the docket sheet in this case. ( 4 blank issued subpoenas (AO Form 88B) and copy of PACER docket sheet mailed to P 2/14/2012. ) Signed by Magistrate Judge William G. Cobb on 12/13/2012. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/13/2012 (DRM).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

KEVIN FERNANDEZ,

)
)
Plaintiff,
)
)
vs.
)
)
DR. CENTRIC, et al.,
)
)
Defendants.
)
___________________________________ )

3:12-cv-00401-LRH-WGC
MINUTES OF THE COURT
December 13, 2012

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 for Court to Issue and Serve Subpoena Duces Tecums”
(Doc. # 82). Plaintiff states that via these proposed subpoenas he is seeking “documents” from the
“non parties” (id. at 3). However, he only identifies certain parties and an agency, making no
reference to what “documents” should be produced. His motion is not accompanied by the requisite
witness fees and mileage expenses.
The court will not grant Plaintiff’s request have the Clerk of the Court issue and serve
subpoenas. 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); Screening Order, Doc. # 3
at 13-14.
The Clerk shall issue four blank subpoenas and send them to Plaintiff. The Clerk shall also
send to Plaintiff a copy of the docket sheet in this case. Plaintiff is advised to consult the Federal
Rules of Civil Procedure and Local Rules of the District of Nevada to determine how he wishes to
proceed in this matter. Plaintiff is also reminded that the order granting him leave to proceed in
forma pauperis does not extend to the issuance of subpoenas at government expense. In other
words, all costs and attendant witness fees associated with the service of the subpoena are to be
borne by Plaintiff.

MINUTES OF THE COURT
3:12-cv-00401-LRH-WGC
Date: December 13, 2012
Page 2

Plaintiff’s motion (Doc. # 82), insofar as it requests the Clerk of the Court to serve Plaintiff’s
subpoenas, is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk