HODGE v. PRINCE

Civ. A No. CA3-87-2831-D.

730 F.Supp. 747 (1990)

Theotis Lee HODGE, Jr., Plaintiff, v. Billy PRINCE, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

February 16, 1990.


Attorney(s) appearing for the Case

Theotis Lee Hodge, Jr., Huntsville, Tex., pro se.

Thomas P. Brandt, Asst. City Atty., Dallas, Tex., for the City of Dallas, Tex.


FITZWATER, District Judge:

The court is asked to decide whether an indigent prisoner proceeding in forma pauperis in a civil action that does not seek federal habeas relief is entitled to obtain issuance of a subpoena without paying the witness fees required by 28 U.S.C. § 1821. Concluding that no such right arises by statute or pursuant to the constitutional right of access to the courts, the court affirms an order of the U.S. Magistrate declining to...

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