Cross v. Jaeger et al

Filing 212

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/25/2015, denying Plaintiff's 203 Motion to Allow Service of Subpoenas. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

ANTHONY CROSS,

)
)
Plaintiff,
)
vs.
)
)
RON JAEGER, et al.,
)
)
Defendants
)
________________________________________)

3:13-cv-00433-MMD-WGC
MINUTES OF THE COURT
August 25, 2015

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 to Allow Service of Subpoenas at Defendants’
Expense or to allow Service by Certified Mail.” (Doc. # 203.) No response to the motion has been
filed.
Although Plaintiff acknowledges that this court’s order (Doc. # 18) granting him in forma
pauperis status does not extend to the issuance of subpoenas at government expense, he nonetheless
seeks an order that he be “allowed to serve subpoenas at the Defendant (sic) expense, or be allowed
to complete service by certified mail.” (Doc. # 203 at 1-2.) However, Plaintiff does not state what
the subpoenas are for, to whom they will be directed and what he expects to obtain (e.g., testimony,
documents, etc.). The law does not provide a basis for the court to issue subpoenas to unnamed
personnel for unidentified purposes. The docket in this matter reflects that discovery closed on
May15, 2015, and a trial is not set.1
Plaintiff’s motion (Doc. # 203) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

1

/s/
Deputy Clerk

The Ninth Circuit Court of Appeals has stated 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). Therefore, if and when a trial has been set, it would be
Plaintiff’s responsibility to serve the trial subpoenas and to tender the appropriate witness fees.