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Marcus Bovarie v. Jamie S. Woodford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 18, 2011

MARCUS BOVARIE,
PLAINTIFF,
v.
JAMIE S. WOODFORD, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. District Judge

ORDER GRANTING PLAINTIFF REQUEST FOR SERVICE OF SUBPOENA BY THE U.S. MARSHAL

Plaintiff Marcus Bovarie, proceeding pro se and in forma pauperis, has requested that the Court order the U.S. Marshal to serve a subpoena issued pursuant to Fed. R. Civ. P. 45. Plaintiff intends to call Iesha Parrish, currently employed as a library technician at the California Institute for Men, as a witness at trial.

Fed. R. Civ. P. 45(b)(1) requires service of a subpoena be made by a person who is 18 years or older and is not a party to the case. The Court is required to "issue and serve all process and perform all such duties" for a plaintiff proceeding in forma pauperis. 28 U.S.C. 1915(d). Plaintiff, however, is responsible for paying all fees and costs associated with the subpoenas and depositions. See Tedder v. , 890 F.2d 210, 211, 212 (9th Cir. 1989). For example, if a subpoena requires a person's attendance, fees for one day's attendance and mileage must be tendered concurrent with service. Fed. R. Civ.P. 45(b)(1). These fees are not waived based on Plaintiff's in forma pauperis status. Tedder, 890 F.2d at 211-212.

Accordingly, the Court ORDERS as follows:

1. The Clerk of Court shall issue and forward to Plaintiff a Subpoena in a Civil Case form in blank and a U.S. Marshal 285 form in blank as well as a copy of this Order.

2. Upon receipt of the properly completed U.S. Marshal 285 form and accompanying subpoena, the U.S. Marshal is directed to promptly effect service of Plaintiff's subpoena.

IT IS SO ORDERED.

20110518

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