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Brewer v. Runnels

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


January 11, 2010

RICHARD ANTHONY BREWER, PETITIONER,
v.
D.L. RUNNELS, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

PETITIONER'S EX PARTE APPLICATION FOR AUTHORITY TO SUBPOENA WITNESSES AND HAVE U.S. MARSHAL PAY WITNESS FEES PURSUANT TO 28 U.S.C. § 1825(b)

Petitioner RICHARD ANTHONY BREWER, by and through his attorney, David D. Martin, asks this court for an ex parte order authorizing the issuance of subpoenas and the payment of witness fees by the United States Marshall as provided in 18 U.S.C. § 1825(b). This court has already granted petitioner indigent status and has set an evidentiary hearing in this matter for March 8, 2010.

The following is a list of petitioner's witnesses, each of whom reside or have a principal place of business within the Eastern District of California, and a brief summary of the substance of each witness's testimony.

1. Attorney Karol Martin Repkow was petitioner's attorney during the murder trial in Sacramento County Superior Court at issue in this habeas litigation. Ms. Repkow is expected to testify concerning her conversations with petitioner concerning her problems with the Sacramento Public Defender's office and any other matters relating to her substituting into this case as a private attorney.

Petitioner thus has established that each of the above person needs to be present at the evidentiary hearing in order to allow petitioner to present an adequate case.

DATED: January 5, 2010

Authorization for the issuance of these subpoenas and payment of the witnesses fees is hereby granted.

20100111

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