United States Marshals Service v. Means

For the reasons discussed below, I concur in part and dissent in part. As a preliminary matter, I agree that we have jurisdiction of this appeal under the collateral order doctrine. Cf. United States v. Sacco, 430 F.2d 1304, 1305 (2d Cir.1970) (per cu-riam) (district court order authorizing expenditure of government funds for transcript of minutes of indigent defendant’s conspiracy trial held appealable under collateral order doctrine). I also agree that the Marshals Service cannot refuse to serve the subpoenas for the Yellow Thunder Camp litigants, as was conceded by counsel for the Marshals…