Opinion
CV-23-00122-TUC-RM
12-14-2023
Johnny Madrid, Plaintiff, v. James Brissell, Defendant.
ORDER
ROSEMARY MARQUEZ, UNITED STATES DISTRICT JUDGE
On November 9, 2023, Plaintiff Johnny Madrid filed a document titled “Notice of Action,” in which he states that he gives notice pursuant to A.R.S. § 12-910 that he has filed an action. (Doc. 20.) The Notice lists certain witnesses, refers to subpoenas, and refers to compelling the Arizona Department of Corrections, Rehabilitation, and Reentry to produce disciplinary actions taken on Plaintiff. (Id.) Plaintiff attaches to the Notice statements from himself and two other inmates, as well as a subpoena form that lists numerous individuals. (Id.) On November 27, 2023, Plaintiff filed a document titled “Notice of Additions to the Record,” in which he seeks to add a declaration from himself to the record. (Doc. 24.)
Plaintiff is informed that any request for court action must be made by way of a motion. It is not clear what court action, if any, Plaintiff is requesting in his Notices. To the extent Plaintiff is seeking to serve subpoenas, General Order 18-19 provides that any self-represented litigant who wishes to serve a subpoena must file a written motion that: (1) sets “forth the name and address of the witness to be subpoenaed and the custodian and general nature of any documents requested”; (2) states “with particularity the reasons for seeking the testimony and documents”; and (3) attaches a copy of the proposed subpoena. Plaintiff must attach a proposed subpoena for each witness to be subpoenaed.
Furthermore, to the extent Plaintiff is seeking to command witnesses to testify at depositions, Plaintiff is informed that he must pay the costs associated with taking depositions, including the costs of a court-appointed reporter. “The in forma pauperis statute does not authorize the expenditure of public funds for a court-appointed deposition reporter to take depositions.” Miller v. Rufion, No. CV 08-1233 BTM(WMc), 2010 WL 2485956, at *1 (E.D. Cal. June 14, 2010) (citing 28 U.S.C. § 1915). A plaintiff's in forma pauperis status also does not relieve him of his obligation to tender witness fees. Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989) (per curiam). Witness fees of $40 per day plus mileage must be tendered concurrently with any subpoena requiring a person's appearance. Id. at 211; Fed.R.Civ.P. 45(b)(1); 28 U.S.C. § 1821(b)-(c).
The Court will direct the Clerk of Court to mail Plaintiff blank subpoena forms but will otherwise take no action on Plaintiff's Notices.
IT IS ORDERED that the Clerk of Court shall mail Plaintiff one blank subpoena to testify at a deposition in a civil action (form AO 88A) and one blank subpoena to produce documents (form AO 88B).