“The motions ask the court to issue subpoenas to Daniel P. Love,1 a former employee of the
Bureau of Land Management, to compel his testimony in an evidentiary hearing before the
Honorable Chief Judge Gloria M. Navarro on Monday, October 23, 2017, at 9:00 a.m. The court
has reviewed the motions and finds that Mr. Payne has met his threshold burden under Rule 17 for
issuance of the subpoenas. In addition, the court has already found that Mr. Payne is indigent.
Accordingly, the court will grant the motions and issue the subpoenas. In granting the request, the
court expresses no opinion regarding the admissibility of the scope of the witnesses’ proposed
testimony as that is an issue for Judge Navarro to consider.”
IT IS ORDERED:
1. Defendant Ryan W. Payne’s Sealed Ex Parte Motions for Subpoenas (ECF Nos. 2683,
2685) are GRANTED, and shall remain under seal.
2. The Clerk of the Court shall issue the proposed subpoenas (ECF Nos. 2683-3, 2685-3)
to Daniel P. Love commanding him to appear at the evidentiary hearing before the
Honorable Chief Judge Gloria M. Navarro on Monday, October 23, 2017, at 9:00 a.m.
3. The Clerk of the Court shall deliver a copy of this order and the subpoenas to the United
States Marshal.
4. The United States Marshal shall serve a copy of this order along with each subpoena.
5. Pursuant to Rule 17(b) of the Federal Rules of Criminal Procedure, the United States
Marshal shall pay witness fees and expenses to the above named witnesses in
accordance with 28 U.S.C. §§ 1821 and 1825 as well as any applicable agency
guidelines. See U.S. Marshals Service, Public Defender’s Handbook, available at
www.usmarshals.gov/prisoner/pdhandbook.
6. Defense counsel shall electronically serve the motions on opposing counsel.
Dated this 16th day of October, 2017.
