Hardin v. Duvall et al

Filing 53

ORDER, though the Plaintiff has timely filed docket entry # 49 Witness List filed by Jacob Lynn Hardin, Mr. Kutcher, a potential witness resides in Lyman, Maine and the Court will not issue a sub poena for his appearance at the October 5, 2011 trial . Additionally, Plaintiff is currently housed at Johnson County Detention Center, though the Court has been orally informed that the Plaintiff is only being housed there as a courtesy, and he is actually in the legal custody of the Pope County Detention Center. Thus Defendants shall transport Plaintiff and his institutional file to the October 5, 2011 trial. Signed by Magistrate Judge J. Thomas Ray on 09/07/2011. (kcs)

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

JACOB LYNN HARDIN
V.

PLAINTIFF
4:10CV01073 JTR

AARON DUVALL, Sheriff,
Pope County Jail, et al.

DEFENDANTS

ORDER
In this § 1983 action, Plaintiff alleges that, while he was a pretrial detainee at
the Pope County Detention Center, Defendants used excessive force against him and
failed to provide him with adequate medical care for the injuries he sustained in that
altercation. See docket entries #2 and #4. The case is scheduled to proceed to a
consent, non-jury trial on October 5, 2011, in Little Rock, Arkansas. See docket entry
#45.
Plaintiff has timely filed his Witness List. See docket entry #49. Seven of the
eight named witnesses are the Defendants. Id. The eighth witness is Mr. Adam
Micheal Kutcher, who allegedly saw Defendants use force against Plaintiff and deny
him medical care. Id. Plaintiff has provided a private address for Mr. Kutcher in
Lyman, Maine.

The Court may subpoena a witness who resides within 100 miles of where the
trial is to occur. See Fed. R. Civ. P. 45(b)(2). Lyman, Maine is approximately 1,500
miles from Little Rock, Arkansas. See www.maps.google.com. Thus, the Court
cannot issue a subpoena compelling Mr. Kutcher to appear at the October 5, 2011
trial. Of course, Mr. Kutcher may voluntarily appear at the trial, and if he does so,
Plaintiff will be allowed to call him as a witness.
Finally, Plaintiff’s current address is at the Johnson County Detention Center.
However, the Johnson County Detention Center has orally informed the Court that
Plaintiff is only being housed there as a courtesy, and that he is actually in the legal
custody of the Pope County Detention Center. Thus, Defendants shall transport
Plaintiff and his institutional file to the October 5, 2011 trial.
IT IS SO ORDERED this 7th day of September, 2011.

UNITED STATES MAGISTRATE JUDGE

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