Alsharki v. Dixson et al

Filing 44

ORDER that pltf will be allowed to testify on his own behalf at the hearing; defts are directed to ensure the trial attendance of Debra Dillard and Charles Patillo, and to bring pltf's institutional and medical records to the trial; the ADC is directed to ensure the attendance of Michael Jackson, ADC #88412 at the trial scheduled for 5/23/11 at 11:00 a.m. in Little Rock. Signed by Magistrate Judge H. David Young on 5/9/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
HAMIS A-A-M ALSHARKI
PLAIN
TIFF
REG. #25438-009
V.

NO: 4:10CV01450 HDY

BARRON DIXSON et al.

DEFENDANTS

ORDER
In response to the Court's order of March 3, 2011 (docket entry #32) and in anticipation of
the Court trial scheduled for May 23, 2011, at 11:00 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 #35). In addition to himself, Plaintiff has requested as witnesses Pulaski
County Deputies Debra Dillard and Charles Patillo, and Michael Jackson and Andrea Rowe, both
of whom were held with Plaintiff at the Pulaski County Detention Center when the events at issue
in the complaint occurred. In response (docket entry #38), Defendants have agreed to ensure the
hearing attendance of Dillard and Patillo, but state that Plaintiff, Jackson, and Rowe, are no longer
in the custody of the Pulaski County Sheriff, and that they therefore cannot make them available at
the trial.
After careful consideration, the Court concludes that Plaintiff should be allowed as witnesses
Dillard, Patillo, and Jackson, who is incarcerated at the Arkansas Department of Correction. It
appears that Rowe may not have witnessed the events at issue in the complaint, or at best, can only
offer testimony that is the cumulative to that of Jackson, and Rowe will therefore not be allowed as

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a witness.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff will be allowed to testify on his own behalf at the hearing.

2.

Plaintiff is allowed as witnesses Debra Dillard, Charles Patillo, and Michael Jackson.

3.

Defendants are directed to ensure the trial attendance of Debra Dillard and Charles

Patillo, and to bring Plaintiff’s institutional and medical records to the trial.
4.

The Arkansas Department of Correction is directed to ensure the trial attendance of

Michael Jackson, ADC #88412.
DATED this

9

day of May, 2011.

UNITED STATES MAGISTRATE JUDGE

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