Green v. Simpson, et al

Filing 93

ORDER denying 86 Motion for Writ of Habeas Corpus ad testificandum; denying 88 Motion to Appoint Counsel; denying 90 Motion for Writ of Habeas Corpus ad testificandum; denying 91 Motion to Court for Replacement of Legal Document; grantin g 92 Motion for Extension of Time to File Response/Reply. The Court directs the Clerk to mail this Order as well as the Court's Order dated March 20, 2017 (doc. 77), to Plaintiff's new address. Plaintiff must file a proposed pretrial order by 5:00 p.m. on Thursday, June 8, 2017. If Plaintiff fails to file his proposed pretrial order in accordance with the Court's instructions, his case will be dismissed. Signed by Chief Judge J. Randal Hall on 05/31/2017. (thb)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT

OF GEORGIA

AUGUSTA DIVISION
*
*

RAMONE WILLIE GREEN,

Plaintiff,
*

CV

114-192

v.

* HAROLD SIMPSON, Correctional
Officer I; Julian Greenway,
CERT Officer;

RODGERICK

NABORS, CERT Officer; JUSTIN
WASHINGTON, CERT Officer;
ANTONIO BINNS, CERT Officer;
LENON BUTLER, CERT Officer;
CLIFFORD BROWN, Correctional
Officer I; JOHN WILLIAMS, Blue
Uniform Sgt.; and JERRY L.

BEARD,

*

*

Captain,

Defendants.

ORDER

Presently
Plaintiff:

(1)

testificandum

88);

(3)

before

a

A

(doc.

Document"

(doc. 92).

(doc.

Court

petition
86);

second

testificandum (doc.

the

for

(2)

91);

and

(4)

five

writ

of

motions
habeas

filed

by

corpus

ad

a motion to appoint counsel

petition
90);

are

for

writ

of

habeas

(doc.

corpus

ad

a motion "For Replacement of Legal

(5)

a motion

for

extension

of

time

The Court DENIES four and GRANTS one of Plaintiff's

motions.

The Court DENIES both of Plaintiff's petitions for writs of

habeas corpus ad testificandum (docs. 86 and 90).

The required

proposed

pretrial

order

completed on May 14,
each

party

which

Plaintiff

should

have

contains a section asking for the witnesses

intends

appropriate

form,

to

writs

call.

after

The

Plaintiff

Court

will

completes

issue

his

any

proposed

pretrial order and files it with the Court.
The

Legal

Court

Document

supply

him

DENIES

(doc.

with

the

Plaintiff's

91) .

motion

Plaintiff

subpoena

it

for

requests

issued

to

Replacement

that

retrieve

camera footage at Augusta State Medical Prison.
matter,

will

no such document exists.

not

provide

Wanninger v.

free

Davenport,

copies

But,

of

Court

security

As an initial

even if it did,

documents

697 F.2d 992,

the

of

in

the Court

the

docket.

994 (11th Cir. 1983)

("A

prisoner's right of access to the court does not include the

right of free unlimited access to a photocopying machine . . . ."
(citation omitted)).

Should Plaintiff desire additional copies of

documents in the record,
the Clerk of

Court at

he can obtain copies of documents from

the standard cost of fifty cents per page.

He need only send money and the list of copies he wants directly
to the Clerk.

The

Court

(doc. 88) .

DENIES

Plaintiff's

motion

to

appoint

counsel

The Court emphasizes, once more, that Plaintiff has

no right to counsel and that appointment of counsel is only
appropriate

in "exceptional circumstances."

For the

reasons

stated in its previous order (doc. 76), the Court does not find
that Plaintiff's case merits the appointment of counsel.

The

(doc.

Court

92).

A

GRANTS

Plaintiff's

previous

motion

order by this

for

extension

court

also declared that

"may result
sanctions

Plaintiff

the

chance

timely

Court

(Doc.

77.)

failure to timely file the proposed order

determined

pretrial

to

2017.

in dismissal of the complaint or answer or in other

77) (emphasis added) .

proposed

time

required Plaintiff

to file his proposed pretrial order by May 14,
It

of

instructs

appropriate

Plaintiff,

order.

benefit

file
the

by

the

(Doc.

has not yet

however,

Court."

filed his

Nevertheless,

of

his

CLERK

the

doubt,

the

and

Court

allow

proposed pretrial
mail

this

order,

Court's order dated March 20,

2017

(doc.

77),

file

a proposed pretrial

THURSDAY, JUNE 8, 2017.

one

more

Thus,

well

as

the
this

to Plaintiff's new

address as updated in his notice filed May 22,
Plaintiff MUST

as

give

him

order.

to

will

2017

order by

(doc.

92) .

5:00 p.m.

on

If Plaintiff fails to file his proposed

pretrial order in accordance with this Court's instructions, his
case WILL

be DISMISSED.

ORDER ENTERED
r

at

Augusta,

Georgia,

this dp/

day

2017.

HALL,

CHIEF JUDGE

:ates district court
district

of georgia

of