Scott v. Hobbs et al

Filing 116

ORDER denying 114 Plaintiff's Motion for Issuance for a Subpoena Duces Tecum. Signed by Magistrate Judge J. Thomas Ray on 01/07/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION

DEVERICK SCOTT,
ADC #131042
V.

PLAINTIFF
2:12CV00229 DPM/JTR

DANNY BURL, Warden,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
Plaintiff has filed a “Motion for a Subpoena Duces Tecum” asking the Court
to issue subpoenas requiring the presence of several individuals, documents, and other
physical evidence to be present at trial. Docs. 114. The motion is premature because
no trial date has been set, and Defendants have until February 3, 2014, to file
dispositive Motions. If any of Plaintiff’s claims survive the filing of dispositive
motions, the Court will appoint counsel to represent him and let the District Judge
know that the case is ready to be set on his calendar for a jury trial. Appointed
counsel can subpoena witnesses and ensure that relevant evidence will be available
at trial.
IT IS THEREFORE ORDERED THAT Plaintiff’s Motion for a Subpoena
Duces Tecum (Doc. 114) is DENIED.

Dated this 7th day of January, 2014.

UNITED STATES MAGISTRATE JUDGE

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