Opinion
Civil Action 2:05-cv-1085.
September 20, 2010
ORDER
This matter is before the Court on the subpoenas plaintiff Dwight Freeman submitted for the following individuals:
• Reginald Wilkinson
• Warden Bradshaw
• Inspector Sharon Berry
• Assistant Chief Inspector L.C. Coval
• Assistant Chief Inspector Don A. Coble
• Assistant Inspector Cheryl Jergenson
• Doctor Lee
• Nurse Diane Burson
• Nurse Alice Cain
• Trooper Call
• Trooper Hammond
Rule 45(b) of the Federal Rules of Civil Procedure requires "the fees for 1 day's attendance and the mileage allowed by law." Fed.R.Civ.P. 45(b). Plaintiff has failed to provide the fees and mileage costs. He relies on the fact that he is proceeding in forma pauperis and maintains that he not required to tender the fees. However, the Court has no authority under 28 U.S.C. § 1915 to order witnesses to appear for indigent litigant without payment of witnesses fees. Johnson v. Hubbard, et al., 698 F.2d 286 (6th Cir. 1983).
Plaintiff has also filed petitions for writ of habeas corpus and testifcandum for inmates Taylor Winn, Shane Endicott, and Gregory Scott.
As to each witness he intends to call at trial, plaintiff is DIRECTED to provide the Court with a statement of the testimony he expects each to give about material disputed facts within ten days of the date of this Order. The Court will then determine whether those witnesses may testify by video conferencing at trial.