Culbertson v. Roberson et al

Filing 64

ORDER re 42 Witness List filed by Billy N Culbertson. The ADC is directed to ensure the attendance of Billy Culbertson, ADC # 076385, and inmate Anthony Mahoney, ADC #139513, at the August 9, 2011 hearing, together with a copy of pltf's medic al records and institutional file. Defts shall ensure the attendance of witnesses Ronnie Long, David Hankins, John Barta, Lt. Kerleasa, and Samantha Campbell at the August 9, 2011 hearing. The Clerk of the Court is directed to issue subpoenas direc ting the appearance of Shirly Culbertson, Jackie Deuerling, and Dr. Richard Flanagan. The U.S. Marshal is directed to serve the subpoenas without pre-payment of fees therefor. The Clerk is directed to forward a copy of this Order to the ADC Central Transportation/Medical Services, 7203 West 7th Street, Pine Bluff, AR 71603. Signed by Magistrate Judge Jerome T. Kearney on 7/28/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BILLY N. CULBERTSON,
ADC #076385
v.

PLAINTIFF
4:10-cv-01464-SWW-JTK

JIM ROBERSON, et al.

DEFENDANTS
ORDER

In response to the Court’s Order of April 28, 2011 (Doc. No. 36), and in anticipation of the
Evidentiary Hearing scheduled for 9:30 a.m., August 9, 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 twenty-one witnesses (Doc. No. 42).
Having reviewed Plaintiff’s request in light of the single remaining issue of overmedication, the Court will allow the following requested witnesses:
1.

Anthoney Mahoney, ADC 139513

2.

Ronnie Long

3.

David Hankins

4.

John Barta

5.

Shirly Culbertsen

6.

Dr. Richard Flanagan

7.

Lt. Kerleasa

8.

Jackie Deuerling

9.

Samantha Campbell

1

The remaining witnesses will not be allowed because their proposed testimony is duplicative
of the testimony anticipated to be offered by the above-named witnesses. Accordingly,
IT IS, THEREFORE, ORDERED that the Arkansas Department of Correction (ADC) shall
ensure the attendance of the Plaintiff Billy Culbertson (ADC #076385), and inmate Anthony
Mahoney (ADC #139513) at the August 9, 2011 Hearing, together with a copy of Plaintiff’s
medical records and institutional file.
The Defendants shall ensure the attendance of the following witnesses at the August 9, 2011
Hearing: Ronnie Long, David Hankins, John Barta, Lt. Kerleasa, and Samantha Campbell.
The Clerk of the Court is hereby directed to issue subpoenas directing the appearance of the
following witnesses at the August 9, 2011 hearing, at 9:30 a.m., Richard Sheppard Arnold United
States District Court, 600 W. Capitol, Court Room 4B, Little Rock, Arkansas 72201:
Shirly Culbertson, 15303 Highway 165, Scott, AR 72142-9359,
Jackie Deuerling, 1210 Ruby Drive, Redfield, AR 72132, and
Dr. Richard Flanagan, 4354 Stockton Dr., N. Little Rock, AR 72231-6533.
The United States Marshal is hereby directed to serve the subpoenas without pre-payment
of fees and costs or security therefore.
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 28th day of July, 2011.

___________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

2