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Henry v. Marshall

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 26, 2009

ROBERT HENRY, PETITIONER,
v.
CHARLES D. MARSHALL, RESPONDENT.

ORDER

Petitioner is a state prisoner seeking a writ of habeas corpus. See 28 U.S.C. § 2254. He proceeds pro se and in forma pauperis. See 28 U.S.C. § 1915. An evidentiary hearing in this action is scheduled for April 20, 2009.

On March 23, 2009, the court received a letter from Assistant Federal Defender David M. Porter, petitioner's former counsel, enclosing eight subpoenas for the evidentiary hearing (for witnesses Charles Austin, also known as Charles Eichler; Mary Gardner; Jeffrey Taggart; T.J. Hicks; Superior Court Judge Harry Kinnicutt; Alex Taggart; C. Kramer; and Cherry Taggart). Because Mr. Porter is no longer attorney of record for petitioner, Mr. Porter requests that the Court issue the subpoenas. Mr. Porter also requests that the Court have the United States Marshal serve the subpoenas on the witnesses*fn1 and requests that the Court order the Marshal to issue checks to each of the subpoenaed witnesses to cover one day's attendance and mileage.

Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to file a copy of the March 23, 2009 letter from Mr. Porter, along with the attached subpoenas for Charles Austin, also known as Charles Eichler; Mary Gardner; Jeffrey Taggart; T.J. Hicks; Superior Court Judge Harry Kinnicutt; Alex Taggart; C. Kramer; and Cherry Taggart;

2. The Clerk of the Court is directed to issue the attached subpoenas and forward them, along with a copy of this order, to the United States Marshal; and

3. Within five days from the date of receipt of the issued subpoenas, the United States Marshal shall serve each of the subpoenas, along with a copy of this order, on the individuals referenced therein, in accordance with the provisions of Fed. R. Civ. P. 45 and 28 U.S.C. § 566(c).*fn2


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