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David Maddox v. James A. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 15, 2012

DAVID MADDOX,
PLAINTIFF,
v.
JAMES A. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER NOTIFYING PLAINTIFF OF WITNESS FEES AND COSTS TO SU BP O E N A U N I N C AR CE RA TED WITNESSES WHO REFUSE TO TESTIFY VOLUNTARILY (ECF No. 54)

This action is set for jury trial on April 5, 2012, before the Honorable Michael J. Seng. Pursuant to the Court's scheduling order filed on January 9, 2012, Plaintiff was informed that if he wanted to have the United States Marshal serve any unincarcerated witnesses who refuse to testify voluntarily, he was to submit to the Court money orders covering the appearance fees for each such witness no later than February 10, 2012. (ECF No. 48.) Plaintiff's motion for an extension of the February 10, 2012, deadline is granted. (ECF Nos. 51 & 56.) The Court extends the deadline to allow Plaintiff to submit money orders for the witnesses no later than March 5, 2012.

On January 26, 2012, Plaintiff filed a motion providing the names of three unincarcerated witnesses he wants to have testify at trial.*fn1 The witnesses are or were employed at Pleasant Valley State Prison ("PVSP").*fn2

Plaintiff is notified that for each witness, he must submit to the Court, no later than March 5, 2012, a money order in the amount of $107.73, made payable to the witness.*fn3 No witness will be served with a subpoena absent the timely submission of a money order.

Ascertaining the location of Plaintiff's non-incarcerated witnesses is Plaintiff's responsibility. The Court and the Marshal cannot and will not conduct a search or investigation on Plaintiff's behalf. If Plaintiff submits the money orders as required, the Court will direct the Marshal to serve the witnesses at PVSP

Accordingly, pursuant to the Second Scheduling Order, if Plaintiff wishes to have Correctional Officer Franco, Correctional Officer Vang, and Officer Martinez served with summonses to testify at trial, he must submit, for each witness, a money order made out to that witness in the amount of $107.73.

The Court cannot accept cash, and the money orders may not be made out to the Court. The money orders must be made out in the witness' name.

IT IS SO ORDERED.


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