Richard v. Tallant et al
Filing
52
ORDER re 51 Proposed Witness List filed by Louis Edward Richard. Signed by Honorable Barry A. Bryant on March 3, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
LOUIS EDWARD RICHARD
V.
PLAINTIFF
CIVIL NO. 4:14-cv-04027
JANA TALLANT
DEFENDANTS
WITNESS ORDER
This is a civil rights action filed pro se by the Plaintiff, Louis Richard, pursuant to 42
U.S.C. § 1983. Plaintiff is currently incarcerated at the Arkansas Department of Correction Varner
Unit (“ADC”). This matter is set for trial on Friday, May 13, 2016. Plaintiff submitted a witness
list to the Court on February 10, 2016. ECF No. 51.
Because Plaintiff proceeds in forma pauperis, the Court will issue and serve all writs and
subpoenas for Plaintiff's trial witnesses that it deems appropriate. Plaintiff requests the Court to
subpoena the following witnesses: Jana Tallant (Defendant), Bryan McJunkins (Sheriff Howard
County), Tara Green (jail employee), Tammy Arnold (jail employee), Shelbi Miller (jail employee),
Sean Scott (jail employee), Andre Jones (jail employee), DaWanda Schwoop (jail employee), Brian
Cook (jail employee), Misty Young (jail employee), Willie Munn (ADC inmate), Irene Hendrix
(Plaintiff’s mother), and Nurse Gray (Head nurse at Varner Unit). Plaintiff also requested the
Court to subpoena his medical records from the Arkansas Department of Correction Varner Unit.
The Court will not subpoena Jana Tallant because she is the Defendant and will be present
at trial.
The Court will not subpoena Sheriff Bryan McJunkins, Tara Green, Tammy Arnold, Shelbi
Miller, Sean Scott, Andre Jones, DaWanda Schwoop, Brian Cook, and Misty Young. All of these
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witnesses are employees or former employees of Howard County Detention Center. For this reason
the Court requests the Defendant to produce Sheriff Bryan McJunkins, Tara Green, Tammy Arnold,
Shelbi Miller, Sean Scott, Andre Jones, DaWanda Schwoop, Brian Cook, and Misty Young,
without the issuance of a subpoena. If Defendant is unable to produce any of these persons, she
is asked to notify the Court and file under seal each witness's last known address and phone
number no later than Friday, April 1, 2016.
The Court will not subpoena Willie Munn because the expected testimony is not related
to the issue before the Court.
The Court will not subpoena Plaintiff’s mother, Irene Hendrix, but she may appear
voluntarily at the trial and testify on Plaintiff’s behalf. The Court will send Irene Hendrix a letter
informing her of the date and time of the trial and indicating she may appear to testify if she
wishes to do so.
The Court will not subpoena Nurse Gray because the expected testimony is not related to
the issue before the Court.
The Court will issue a subpoena for Plaintiff’s medical records from the Arkansas
Department of Correction Varner Unit by separate order.
IT IS SO ORDERED this 3rd day of March 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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