Free Order - District Court of Delaware - Delaware

Case 1:06-cv-00001-Gl\/IS Document 101 Filed 05/16/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES W. RILEY, )
Plaintiff, i
v. i Civ. Action No. 06-O I-GMS
STANLEY TAYLOR, et al., i
Defendants. i
ORDER
The plaintiff, James W. Riley ("Riley"), an inmate housed at the Delaware Correctional
Center (“DCC"), Smyrna, Delaware, filed this civil rights action pursuant to 42 U.S.C. § 1983
alleging deliberate indifference to serious medical needs. He proceeds pro se and has been
granted leave to proceed informa pauperis. He requests issuance of a subpoena upon
investigative reporter Lee Williams ("Williams") of The News Journal, a Delaware newspaper.
Riley was ordered to submit a declaration justifying his subpoena request and explain
how the documents he seeks are relevant to his claims, as well as a demonstration of his ability to
pay for any costs associated with issuance of the subpoena, such as photocopy fees, witness fees,
or mileage. Riley complied, in part, with the Order. He indicates that a subpoena is necessa1y
because former Correctional Medical Services ("CMS”) employees., interviewed by Williams,
made sworn statements regarding CMS’ policy and practice of intentionally delaying treatment to
inmates with serious medical needs, similar to the plaintiffs claims. (D.I. 91, 97.)
Riley did not respond to that portion of the order that required him to demonstrate his
ability to pay for any costs associated with issuance of the subpoena, such as photocopy fees,
witness fees, or mileage. An imnate proceeding informa pauperis in a civil action may not issue

Case 1:06-cv-00001-GIVIS Document 101 Filed 05/16/2008 Page 2 of 2
subpoenas without paying the required fees. See Pedraza v. Jones, 71 F.3d 194, 196 n.4 (5th Cir.
1995); Fernandez v. Kash N' Karry F00a' Stores, Inc., 136 F.R.D. 495, 496 (M.D. Fla. 1991)
(witness and mileage fees required to be paid by indigent plaintiff).
ACCORDINGLY, the request for issuance of subpoena is denied.
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