United States District Court, W.D. Oklahoma
WAHIID M. ALAMIIN a/k/a JAMES SHOCKEY, Plaintiff,
SCOTT CROW, in his official capacity, Defendant.
CHARLES B. GOODWIN UNITED STATES DISTRICT JUDGE.
before the Court is a Notice (Doc. No. 249), which was filed
by Plaintiff and accompanied by 24 signed subpoena forms.
the requested subpoenas request production of documents and
answers to various requests. The Court DENIES issuance of
such subpoenas as the parties' discovery period has now
remaining subpoena forms seek the testimony of individuals at
Plaintiff's upcoming civil trial. In his Notice,
liberally construed, Plaintiff requests that his requested
subpoenas be issued by the Court Clerk and served upon their
recipients by the United States Marshals Service
unclear from certain of Plaintiff's subpoena
requests-even considered in conjunction with the witness list
previously filed-what the substance of the relevant
witnesses' testimony would be or how such testimony is
material to the claims at issue. In light of the special
considerations of pro se litigation, the Court declines to
allow multiple subpoenas to issue without further direction.
Therefore, if Plaintiff wishes to arrange service of any of
his requested subpoenas, he must (in addition to fulfilling
the requirements as to costs as outlined below) submit a
short statement to the Court of each subpoenaed
individual's expected testimony and its relevance to the
Federal Rule of Civil Procedure 45(b)(1)
Rule of Civil Procedure 45(b)(1) prescribes that if a
subpoena requires that person's attendance, service of
that subpoena requires “[t]endering the fees for 1
day's attendance and the mileage allowed by law.”
Fed.R.Civ.P. 45(b)(1); see also 28 U.S.C. §
1821. There is no indication from the record that Plaintiff
has sent those funds along with his requests or has arranged
for their payment with the Court Clerk. If Plaintiff wishes
to have his subpoenas served, he must send that payment to
the Court Clerk for each subpoena, to be transmitted to the
USMS along with his service requests.
USMS is authorized by federal statute to charge fees for
service (including service of subpoenas), and the amount of
fees charged is established by federal regulation.
See 28 U.S.C. § 1921(a)(1)(B); 28 C.F.R. §
0.114. According to the USMS website, unless a litigant is
proceeding in forma pauperis, “the USMS must
request advance payment of the estimated fees and expenses
for service of process.” The USMS is entitled to collect
these fees and expenses even where service is attempted but
is unsuccessful. 28 C.F.R. § 0.114(f) (“The United
States Marshals Service shall collect the fees enumerated in
[28 C.F.R. § 0.114(a)], where applicable, even when
process i[s] returned to the court or the party unexecuted,
as long as service is endeavored.”).
is not proceeding in forma pauperis, thus he is not
entitled to service by the USMS at no cost. He may arrange
for service by the USMS for a fee, however. See Fed.
R. Civ. P. 4(c)(3). The undersigned will direct the Clerk of
Court to assist Plaintiff with any request he makes to the
USMS for service of issued subpoenas; however, Plaintiff must
be prepared to pay the required fee to the USMS for its
efforts. Having been advised of the mandatory fees and
expenses, if Plaintiff wishes to have service completed by
the USMS he should complete and return a Form USM-285, along
with the proper advance payment, to the Clerk of this Court,
for each requested subpoena. If Plaintiff requests the USMS
to serve an individual by mail, he must include an $8.00
advance payment, see 28 C.F.R. § 0.114(a)(2);
Holmes v. United States, No. CIV-06-796-R, 2008 WL
111320, at *3 (W.D. Okla. Jan. 8, 2008). If Plaintiff
requests the USMS to serve an individual personally, he must
include a $65.00 advance payment per subpoena, which will
compensate the USMS for one hour of its time. See 28
C.F.R. § 0.114(a)(3). ...