Jones v. Meinzer et al

Filing 81

ORDER amending 78 Order. Benny Magness is excused from being a witness at the August 28, 2013 Summary Judgment Hearing. Defendants shall ensure the attendance of witness Ray Hobbs at the hearing. Signed by Magistrate Judge Jerome T. Kearney on 8/27/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LARRY WAYNE JONES,
ADC #70147
v.

PLAINTIFF

5:12CV00117-JLH-JTK

CURTIS MEINZER, et al.

DEFENDANTS
ORDER

This matter is before the Court on the Defendants’ Response to the Court’s August 23, 2013
Order, asking to excuse witness Benny Magness from appearing at the August 28, 2013 Summary
Judgment Hearing (Doc. No. 80). Defendants state Mr. Magness will not be available to attend the
hearing, and as Chairman of the Board of Correction, he is not involved in the daily application of
the grooming policy at issue in Plaintiff’s Complaint. Defendants also state that the other witnesses
expected to testify at the hearing are the persons most knowledgeable about the grooming policy,
and informed the Court by telephone that Defendant Ray Hobbs will be present at the Hearing,
despite their earlier belief that he would be out of town.
In light of such, the Court hereby AMENDS its August 23, 2013 Order, and excuses witness
Benny Magness from attending the August 28, 2013 Hearing. Defendants shall ensure the
attendance of witness Ray Hobbs at the Hearing.
IT IS SO ORDERED this 27th day of August, 2013.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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