Nelson v. Jones et al (INMATE 2)
ORDER directing: (1) the 101 MOTION to Cancel Mediation be and is hereby GRANTED; (2) Mediation presently set for June 2, 2016 be and is hereby CANCELLED; (3) the 98 Writ of Habeas Corpus Ad Testificandum issued on 5/4/2016 be and is hereby VACATED; (4) this case is set for Jury Selection and Jury Trial on 8/15/2016 @ 10:00 AM before Honorable Judge Charles S. Coody, in Courtroom 4B, US Courthouse, Montgomery, AL;(5) this matter be and is hereby set for a Pretrial Conference on 7/7/2016 @ 10:00 AM before Honorable Judge Charles S. Coody, by telephone conference; the defs shall set up the telephone conference and shall make the plf available by telephone; (6) All requested voir dire questions shall be filed with the co urt on or before8/1/2016; All requested jury charges shall be filed with the court on or before 7/18/2016; (7) witnesses, as further set out order; (8) the persons having custody of the plf shall produce the plf for proceedings set herein. Signed by Honorable Judge Charles S. Coody on 5/23/16. Furnished to calendar group & WS. Also furnished electronically to AL DOC Transport Agent & US Marshall.(djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CURTIS EDWARD NELSON,
AIS # 175965,
EDWARD D. HAYNES, et al.,
CIVIL ACTION NO.: 2:14cv855-CSC
Now pending before the court is the defendants’ motion to cancel mediation and set
this matter for trial (doc.# 101) filed on May 20, 2016. Upon consideration of the motion, and
for good cause, it is
ORDERED as follows that:
The motion to cancel mediation (doc. # 101) be and is hereby GRANTED;
Mediation presently set for June 2, 2016 be and is hereby CANCELED;
The Writ of Habeas Corpus Ad Testificandum issued on May 4, 2016 be and
is hereby VACATED;
This case is set for jury selection and jury trial before United States Magistrate
Judge Charles S. Coody on August 15, 2016, at 10:00 a.m. in Courtroom 4B, United States
Courthouse, One Church Street, Montgomery, Alabama.
This matter be and is hereby set for a pretrial conference before United States
Magistrate Judge Charles S. Coody on July 7, 2016, at 10:00 a.m. by telephone conference.
The defendants shall set up the telephone conference and shall make the plaintiff available
All requested voir dire questions shall be filed with the court on or before
August 1, 2016. All requested jury charges shall be filed with the court on or before July 18,
(a) All parties shall file a witness list on or before July 18, 2016. Witnesses
not on the list will not be heard.
(b) Cases Proceeding In Forma Pauperis. If the plaintiff desires to procure
attendance of witnesses by writ or subpoena, he shall file and serve – not later than 20 days
before trial date – a witness list containing the names, AIS number where applicable and
addresses of all witnesses – whether a subpoena is sought or not – (inmate or civilian status)
and a brief statement of the expected testimony of each witness. M.D. ALA. LR 45.1(b). The
plaintiff should be specific in stating the witnesses’ expected testimony, because if their
testimony is not material or is simply repetitive the court may in its discretion decline to
order the subpoena of the witness. See Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975).
The parties are advised that whether the witness is subpoenaed by a pauper or not,
Rule 45(c) requires that your subpoena must be accompanied by an attendance fee ($40.00
per day), a subsistence fee ($99.00 per day) if overnight stay is required, and actual expenses
of a common carrier or mileage (58.5¢ per mile each way), or it need not be obeyed. The
witness will be so informed by the subpoena. It is the responsibility of the party requesting
the subpoena to provide that money to the clerk’s office for tender with the subpoena.
(c) Subpoena by Non-Paupers. Subpoenas may be served in accordance with
FED.R.CIV.P. 45(b). If service by the United States Marshal is requested, the subpoena must
be filed not less than 14 calendar days prior to the date of the trial and must contain the
complete name and address of the witness. M.D. ALA. LR(a)(1).
Production of Plaintiff. The persons having custody of the plaintiff shall
produce the plaintiff for proceedings set herein.
Done this 23rd day of May, 2016.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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