Shea v. U.S. WCSU

Filing 60

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/6/2016, denying 57 motion "records to be subpoenaed". (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
THOMAS GREGORY SHEA,

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Plaintiff,
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vs.
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UNITED STATES, et al.,
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Defendant(s).
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______________________________)
PRESENT:

3:14-CV-0354-MMD (VPC)
MINUTES OF THE COURT
January 6, 2016

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK: __________________________ REPORTER: NONE APPEARING
COUNSEL FOR PETITIONER(S): NONE APPEARING
COUNSEL FOR RESPONDENT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff’s document entitled, “records to be subpoenaed” (#57). By this
document, plaintiff appears to be seeking a court order for records from the Washoe County Sheriff’s
Office and Cricket Wireless. Id. Defendants filed an opposition to the motion (#58). No reply was
filed.
Even assuming arguendo that plaintiff’s subpoenas would lead to the discovery of admissible
evidence, the request (#57) is DENIED. Plaintiff is proceeding in this action in forma pauperis (#8).
In the order granting in forma pauperis status, plaintiff was advised that the order did “not extend
to the issuance and service of subpoenas at government expense.” Id. Local Special Rule 1-8.
Witness fees are not costs the court will bear on behalf of an indigent litigant. Dixon v. Ylst, 990
F.2d 478, 480 (9th Cir. 1992). Moreover, the U.S. Marshal does not serve subpoenas in civil cases,
even if payment is made. Therefore, plaintiff would be responsible for making all arrangements for
service, the expense of service, and the witness fee. See Fed.R.Civ.P. 45; Tedder v. Odel, 890 F.2d
210, 211-12 (9th Cir. 1989) (per curiam) (28 U.S.C. § 1915 does not entitle a plaintiff proceeding in
forma pauperis to a waiver of witness fees for subpoenas).

The plaintiff may request blank subpoenas to be issued by the Clerk. However, all
arrangements and costs for service and witness fees shall be borne by the plaintiff.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:______________________________
Deputy Clerk