DEMAREST v. MANSPEAKER

Nos. 88-1899, 88-1972, 88-1973, 88-2782 and 88-2327.

884 F.2d 1343 (1989)

Richard DEMAREST, Petitioner-Appellant, v. James MANSPEAKER, Clerk of United States District Court for the District of Colorado; and CATHY, Last Name Unknown, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. Ronald Brooks TIPPETT, Defendant, Edgar Lee Durre, Movant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald Brooks TIPPETT, Defendant, Ronald Reese, Movant-Appellant. In the Matter of GRAND JURY Y-87-1, of the SUBPOENA OF Ronald REECE, Movant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald Brooks TIPPETT, Defendant, Elizabeth Durre, Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 5, 1989.


Attorney(s) appearing for the Case

Richard S. Demarest, Edgar Lee Durre, Ronald L. Reece, and Elizabeth Durre, pro se.

Michael J. Norton, U.S. Atty., and Douglas W. Curless, Asst. U.S. Atty., Denver, Colo., for U.S.

Before LOGAN and EBEL, Circuit Judges, and COOK, District Judge.


LOGAN, Circuit Judge.

The issue presented in these consolidated appeals is whether appellants, who are incarcerated for criminal offenses, either in federal or state institutions, are entitled to witness fees pursuant to 28 U.S.C. § 1821 for testifying in separate criminal proceedings before a federal court or grand jury. We hold that they are not, and therefore affirm the judgments from which these appeals were taken.1

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