Eaton v. Dunavion

Filing 27

ORDER re 25 Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) filed by Detina Eaton: Plaintiff will be allowed to have only Amanda Dutton, Belinda McBay and Boyd Martin as witnesses; directing the ADC to ensure plaintiff's attendance at the trial, as well as plaintiff's institutional and medical jackets; and to further ensure the attendance of the three allowed witnesses. Signed by Magistrate Judge H. David Young on 3/20/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION DETINA EATON ADC #707841 V. LAVONDA DUNAVION ORDE R In response to the Court's order of December 30, 2008 (docket entry #23), and in anticipation of the evidentiary hearing scheduled for Tuesday, March 31, 2009, at 9:30 a.m. in Room #2B of the Richard Sheppard Arnold United States Courthouse in Little Rock, Arkansas; Plaintiff has submitted a proposed witness list (docket entry #25). Plaintiff requests seven witnesses to be called on her behalf other than herself. Those individuals are: correctional officers Amanda Dutton, Clara Robinson, Carol Lassitter, and Teresa Bumpers; inmates Tanya Reynolds and Belinda McBay, and lieutenant Boyd Martin. Defendants have filed a response to the list (docket entry #26).1 According to the summaries of the expected testimony Plaintiff has provided, all the proposed witnesses will testify to essentially the same facts. After careful review, the Court concludes that Plaintiff should be allowed as witnesses only Amanda Dutton, Belinda McBay, and Boyd Martin. The remainder of Plaintiff's proposed witnesses are cumulative. IT IS THEREFORE ORDERED THAT: 1. Plaintiff is allowed as witnesses Amanda Dutton, Belinda McBay, and Boyd Martin. NO: 1:08CV00032 JLH/HDY DEFENDANT PLAINTIFF

Plaintiff's other proposed witnesses are denied. Defendants' response references the "prejury hearing" that is set for March 31, 2009. However, the hearing is actually an evidentiary hearing. 1
1

2.

The Arkansas Department of Correction is directed to ensure Plaintiff's attendance

at the trial, to bring Plaintiff's institutional and medical jackets to the trial. 3. The Arkansas Department of Correction is further directed to ensure the attendance

of inmate Belinda McBay, and employees Amanda Dutton and Boyd Martin. DATED this 20 day of March, 2009.

UNITED STATES MAGISTRATE JUDGE

2