Jackson v. Myers et al

Filing 82

OPINION and ORDER DENYING plt'fs petitions 77 and 78 for Writ of H/C Ad Test for witness M. Frieszell. Signed by Magistrate Judge Roger B Cosbey on 4/20/11. (lrm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
RICHARD JACKSON,
Plaintiff,
v.
DETECTIVE ROSS ALLEN,
Defendant.

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Case No. 1:09-cv-117

OPINION AND ORDER
A conference was held and concluded today on Plaintiff’s Petitions for Writ of Habeas
Corpus Ad Testificandum for Witness Martin Frieszell, an inmate presently housed at Putnamville
Correctional Facility. (Docket # 77, 78). The parties’ counsel appeared telephonically, and their
statements on the Petitions were heard and concluded.
Based on such statements, the court finds that the testimony of witness Martin Frieszell is
not necessary and, in effect, would be cumulative. See, e.g., Bell v. Wathen, No. 07-10609, 2008
WL 1743887, at *1 (5th Cir. Apr. 14, 2008) (affirming denial of motion for writ of ad
testificandum where testimony was duplicative); Powell v. Fink, No. 06-C-58-C, 2006 WL
6010903, at *1-2 (W.D. Wis. Sept. 7, 2006) (denying motion for writ of ad testificandum where
testimony was unnecessary and cumulative). Accordingly, Plaintiff’s Petitions for Writ of
Habeas Corpus Ad Testificandum (Docket # 77, 78) are DENIED.
SO ORDERED. Entered this 20th day of April, 2011.
/S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge