Chestang v. Wiggins et al

Filing 110

ORDER directing the Arkansas Dept of Correction to ensure the attendance of the plaintiff, inmates Jamie Dale Bryant (ADC #127178) and Otis Arnold (ADC #098272), deft Wiggins, and Warden Greg Harmon at the April 28, 2011 Hearing, together with a copy of plaintiff's medical records and institutional file. The Clerk is directed to send a copy of this Order to the ADC Central Transportation/Medical Services, 7023 West 7th Street, Pine Bluff, AR 71603. Signed by Magistrate Judge Jerome T. Kearney on 4/11/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
KEONDRA MONTREL CHESTANG,
ADC #134005
v.

PLAINTIFF

2:09-cv-00068-JLH-JTK

MARTHA WIGGINS

DEFENDANT
ORDER

In response to the Court’s Order of May 24, 2010 (Doc. No. 62), and in anticipation of the
Evidentiary Hearing scheduled for 9:30 a.m., April 18, 2011, at the Richard Sheppard Arnold
United States Courthouse, 600 West Capitol, Courtroom 4B, Little Rock, Arkansas, the Plaintiff
has submitted a witness list requesting seven witnesses, including himself and the Defendant (Doc.
No. 68). Defendant filed a Response, objecting to three of Plaintiff’s requested witnesses: nonparties Ray Hobbs, Greg Harmon and Steve Outlaw (Doc. No. 72). Defendants state these
individuals were supervisory officials of Defendant Wiggins and were not present during the acts
alleged by Plaintiff.
In support of his request, Plaintiff states Defendant Hobbs, who was Assistant ADC Director
at the time of the incident, reviewed Plaintiff’s grievance on appeal and found Defendant’s actions
not within the scope of the ADC policies and procedures. He states Defendants Warden Harmon
and Assistant Warden Steve Outlaw also will testify as to their investigation, knowledge and
experience with the factors surrounding the Defendant’s violations.
Having reviewed Plaintiff’s request and the Defendant’s Response, the Court will allow
requested witness Greg Harmon, but will disallow requested witnesses Ray Hobbs and Steve
Outlaw, as their testimony will be repetitive of that offered by Harmon. The Court also will allow

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Plaintiff’s requested inmate witnesses, Jamie Dale Bryant, ADC #127178, and Otis Arnold, ADC
#098272.

Accordingly,

IT IS, THEREFORE, ORDERED that the Arkansas Department of Correction (ADC) shall
ensure the attendance of the Plaintiff, inmates Jamie Dale Bryant (ADC #127178) and Otis Arnold
(ADC #098272), Defendant Wiggins, and Warden Greg Harmon at the April 28, 2011 Hearing,
together with a copy of Plaintiff’s medical records and institutional file.
The Clerk of the Court is directed to forward a copy of this Order to the Arkansas
Department of Correction Central Transportation/Medical Services, 7203 West 7th Street, Pine
Bluff, AR 71603.
IT IS SO ORDERED this 11th day of April, 2011.

___________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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