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)

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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

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