1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * *

4 RYNN GINO GEDDES, Case No. 3:21-CV-00499-MMD-CLB

5 Plaintiff, ORDER DENYING, IN PART, AND GRANTING, IN PART, MOTION 6 v. FOR ISSUANCE OF SUBPOENA AND MOTION FOR EXTENSION OF TIME 7 LYON COUNTY SHERIFF’S DEPT., et al., [ECF Nos. 16, 17] 8 Defendants. 9 10 This case involves a civil rights action filed by Plaintiff Rynn Gino Geddes 11 (“Geddes”) against Defendants Lt. Baltez (“Baltez”), C/O Spenser (“Spenser”), Detective 12 Pruett (“Pruett”), and C/O Tustin (“Tustin”) (collectively referred to as “Defendants”). 13 Before the Court is Geddes’ motion for issuance of subpoena duces tecum and extension 14 of time to serve complaint. (ECF Nos. 16, 17.) 15 Geddes, appearing pro se filed a civil rights complaint on December 6, 2021. (ECF 16 No. 6.) The Court properly screened the complaint pursuant to 28 U.S.C. § 1915A and 17 permitted Geddes to proceed on a Fourth Amendment excessive force claim against 18 Baltez, Spenser, Pruett and Tustin. (ECF Nos. 5, 12.) The Court issued summonses for 19 the Defendants and ordered the U.S. Marshal (“USM”) to attempt service. (ECF Nos. 12, 20 13.) The USM returned the summonses unexecuted because every Defendant no longer 21 works for the Lyon County Sheriff Department. (ECF No. 14.) The Court then issued a 22 notice of intent to dismiss pursuant to Fed. R. Civ. P. 4(m). (ECF No. 15.) In response, 23 Geddes filed the instant motion. 24 In his request for issuance of subpoena duces tecum, Geddes asks the Court to 25 issue, serve, and apparently pay the witness fees to the Lyon County Sheriff’s 26 Department to secure forwarding addresses for each Defendant. (ECF No. 16.) Geddes 27 is proceeding in forma pauperis (ECF No. 5). However, in forma pauperis status does not 1 | extend to the issuance of subpoenas or service of subpoenas at government expense. 2| LSR 1-6. Geddes is advised that the U.S. Marshal (“USM”) will not locate and serve witnesses for him, and the Court will not pay witness fees and costs. Witness fees are not costs the court will bear on behalf of an indigent litigant. Dixon v. Yist,

, 480 5 (9th Cir. 1992). Moreover, the USM does not serve subpoenas in civil cases, even if 6 payment is made. Therefore, while the Court will order the Clerk to issue a blank 7 subpoena duces tecum, Geddes will be responsible for making all arrangements for 8 service, the expense of service, the witness fee, and any other costs. See Fed.R.Civ.P. 9 45; Tedder v. Odel,

(9th Cir. 1989) (per curiam) (

10 does not entitle a plaintiff proceeding in forma pauperis to a waiver of witness fees for subpoenas). " Geddes also requests an additional 45 days to complete service in this case. (ECF No. 17.) Because the Court has now advised Geddes that the USM will not serve a subpoena, the Court grants Geddes an additional 75 days to complete service on or " before August 8, 2022. If Geddes can obtain a more current service address for any ° Defendant, the Court will order the USM to make one further attempt at service. ° Geddes motion for a subpoena duces tecum and for extension of time to complete " service is GRANTED, in part, and DENIED, in part, as stated above. The Clerk shall ISSUE a blank subpoena duces tecum and forward the same to Geddes. IT IS SO ORDERED. 20 DATED: May 23, 2022 . Laas 23 24 25 26 27 28 gy