Lewis v. Brazell et al

Filing 92

ORDER directing Clerk to issue a subpoena to Shane Johnston and forward to Plaintiff's counsel for service. Signed by Honorable Susan O. Hickey on August 4, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DON EARL LEWIS v. PLAINTIFF Civil No. 4:12-cv-04100 MARTY BRAZELL; and ERICA CALLWOOD DEFENDANT DON EARL LEWIS PLAINTIFF V. CIVIL NO. 4:12-cv-04139 STEPHEN WARD DEFENDANT ORDER Plaintiff Don Lewis proceeds in this action in forma pauperis and pursuant to 42 U.S.C. § 1983. Plaintiff is currently incarcerated in the Arkansas Department of Corrections, Ouachita River Unit in Malvern, Arkansas (“ADC”). This matter is set for trial the week of August 24, 2015. On July 21, 2015, the Court issued an Order requesting Defendants produce Shane Johnston as a witness for trial. Defendants responded stating that Mr. Johnston is no longer employed with Miller County and provided his last known address under seal. (ECF No. 89). Because Plaintiff proceeds in this matter in forma pauperis, the Court will issue subpoenas and writs for those of Plaintiff's trial witnesses the Court deems appropriate. The Court has already determined Shane Johnston is an appropriate witness in its July 21, 2015 Order. Therefore, the Court will issue a subpoena for Shane Johnston for Plaintiff’s counsel to serve. The Court will also consider an application for reimbursement of service costs from Plaintiff’s counsel. Accordingly, the Clerk of the Court is DIRECTED to issue a subpoena directed to Shane Johnston at the address provided under seal by Defendants (ECF No. 89) requiring his presence before this Court in Texarkana, Arkansas on August 24, 2015 at 9:00 a.m. to testify in the above entitled proceeding. The Clerk is DIRECTED to mail the subpoena by certified mail with return receipt to Cory J. Floyd, Norton Wood LLP, 315 Main Street, Texarkana, Texas 75504. Plaintiff’s counsel may then serve the subpoena on Mr. Johnston. IT IS SO ORDERED this 4th day of August 2015. //s/ Susan O. Hickey Susan O. Hickey United States District Judge

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