Cummins v. Hobbs et al

Filing 54

ORDER re 52 Response to witness list. The ADC is directed to ensure the attendance of CO-1 Beverly Miller and Plaintiff Acie Cummins, together with his medical and institutional files, at the April 16, 2012 hearing. The Clerk is directed to forwa rd a copy of this Order to the ADC Central Transportation/Medical Services, 6814 Princeton Pike, Pine Bluff, AR 71602. Plaintiff's request to have Nurse Amanda Watt testify is disallowed. Signed by Magistrate Judge Jerome T. Kearney on 4/10/12. (kpr)

ACIE CUMMINS,
ADC #133791
v.

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF
5:11-cv-00048-JTK

RAY HOBBS, et al.

DEFENDANTS
ORDER

In response to the Court’s Order of February 22, 2012 (Doc. No. 47), and in anticipation of
the Evidentiary Hearing scheduled for 9:30 a.m., April 16, 2011, at the Richard Sheppard Arnold
United States Courthouse, 600 West Capitol, Courtroom 4B, Little Rock, Arkansas, the Plaintiff
submitted a witness list requesting two witnesses (Doc. No. 49). However, because Plaintiff did not
include a summary of the expected testimony of the two witnesses (CO-1 B. Miller and Nurse
Watts), the Court ordered him to supplement his list with such a summary (Doc. No. 50). Plaintiff
did not file a timely response. Defendants filed a Response to his request, stating that they would
ensure the attendance of both the Plaintiff and requested witness Beverly Miller (Doc. No. 52).
Defendants stated that they could not ensure the presence of requested witness Nurse Amanda Watt,
because she is not an employee of the Defendants. Id.
Having reviewed Plaintiff’s request and the Defendants’ Response, the Court will allow
requested witness Beverly Miller, but will disallow requested witness Nurse Amanda Watt, due to
Plaintiff’s failure to respond to the Court’s Order requesting a summary of her testimony.
Accordingly,
IT IS, THEREFORE, ORDERED that the Arkansas Department of Correction (ADC) shall
ensure the attendance of CO-1 Beverly Miller and Plaintiff Acie Cummins, together with his medical
and institutional files, at the April 16, 2012 Hearing.
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The Clerk of the Court is directed to forward a copy of this Order to the Arkansas Department
of Correction Central Transportation/Medical Services, 6814 Princeton Pike, Pine Bluff, AR 71602.
IT IS SO ORDERED this 10th day of April, 2012.

___________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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