Opinion
No. CV-08-00845-JAT.
February 9, 2011
ORDER
Plaintiff has attempted to serve subpoenas upon sixteen unincarcerated witnesses to compel their attendance at trial. (Dkt. 87, 88.) If a witness is unwilling to voluntarily testify, the witness must be served with a subpoena, and Plaintiff must pay for the witness's presence. The appropriate daily witness fee is $40.00, plus the witness's travel expenses. 28 U.S.C. § 1821. The United States Marshal will not issue a subpoena (or subpoenas) until a money order is received. To date, Plaintiff has not paid any witness fees, and the Marshal has not served any of the subpoenas. Accordingly,
IT IS HEREBY ORDERED that if Plaintiff has not tendered, and the Clerk of the Court has not received, the fees described in 28 U.S.C. § 1821 by February 25, 2011, then subpoenas described in Docket 87 and 88 will be quashed.
DATED this 9th day of February, 2011.