Hampton v. Brazell et al

Filing 41

ORDER directing issuance of subpoena to Bi-State Detention Center requesting production of all medical records for Plaintiff. Signed by Honorable Barry A. Bryant on February 11, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

BOBBY JOE HAMPTON

PLAINTIFF
Civil No.4:15-CV-04037-SOH-BAB

WARDEN MARTY
BRAZELL, ET. AL.

DEFENDANTS

ORDER
This is a civil rights action filed by Plaintiff, Bobby Joe Hampton, pursuant to the
provisions of 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. Currently before
the Court is Plaintiff’s Motion to Request a Subpoena Duces Tecum.
Plaintiff appeared before the Court to testify in his summary judgment motion hearing on
Tuesday, February 2, 2016. During the hearing he referenced medical records from the Bi-State
Detention Center. He testified he had requested copies of his medical records, but had not received
them. Although the Court has no record of such, he testified he had submitted a subpoena request
for those records. Based on Plaintiff’s testimony, these records are relevant to his claims.
The Court finds good cause is shown for the issuance of the subpoena.
The Clerk is DIRECTED to issue subpoena to: Bi-State Detention Center, 100 North State
Line Avenue, Texarkana, TX 75501. The subpoena should require the production of the following:
all medical records for Bobby Joe Hampton
The subpoenas should be served by certified mail, return receipt requested. The records shall
be produced to the Court no later than February 29, 2016. The records should be accompanied by
an affidavit from the Records Custodian attesting to the authenticity of the records and be delivered
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to the United States District Court, Western District of Arkansas, Pro Se Office, 500 North Stateline,
Room 302, Texarkana, Arkansas 71854.
If the Bi-State Detention Center has no records fitting the above description they are
DIRECTED to send an affidavit stating that fact to the Court by February 29, 2016.

IT IS SO ORDERED this11th day of February 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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