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)

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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 -2-

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