Boyd v. Stalder

Full title: CHARLES EDWARD BOYD v. RICHARD STALDER, ET AL

Court: United States District Court, W.D. Louisiana, Shreveport Division

Date published: Mar 18, 2008

CIVIL ACTION NO. 03-1249-P (W.D. La. Mar. 18, 2008)

Opinion

CIVIL ACTION NO. 03-1249-P.

March 18, 2008

ORDER

S. HICKS, District Judge

Before the Court is a Motion for Issuance and Service of Subpoenas (Record Document 98) filed by the plaintiff, Charles Edward Boyd ("Boyd"). In the motion, Boyd, who is proceeding in forma pauperis, requested that the U.S. Marshal serve five subpoenas without prepayment of the cost of service.

On January 24, 2008, this Court issued a minute entry specifically outlining Boyd's duties with regard to serving subpoenas on witnesses for trial. See Record Document 81. The minute entry stated:

As set forth below, a plaintiff proceeding in forma pauperis may petition the Court to order the U.S. Marshal to serve a very limited number of subpoenas without prepayment of the cost of such service. If proceeding in forma pauperis, a party who wants to have a subpoena served on an unincarcerated witness by a U.S. Marshal must complete the following . . .:

(1) Prepare and file a subpoena for service by the U.S. Marshal upon the witness, together with a completed Marshal's service form (USM-285) (Blank subpoena forms and Marshal's service forms may be obtained from the Clerk of Court); and

(2) File a written motion in this Court for an order requiring that a U.S. Marshal make service of the subpoena. If such motion is filed, it must be accompanied by an affidavit, showing that the prospective witness has actual knowledge of relevant facts.

Id. at 2. The Court further noted that the cost of service did not include witness fees and mileage fees, neither of which may be waived and the payment of which must accompany the subpoena. See id. at 3.

Here, Boyd's request for service of subpoenas without prepayment of costs must be denied on multiple grounds. First, he has not submitted the proper USM-285 form and he failed to file an affidavit demonstrating that the prospective witnesses have actual knowledge of relevant facts. Moreover, he has not paid the required witness and mileage fees.

Accordingly,

IT IS ORDERED that the Motion for Issuance and Service of Subpoenas (Record Document 98) filed by the plaintiff, Charles Edward Boyd, be and is hereby DENIED.