Williams v. Johnson

Filing 54

ORDER granting in part and denying in part 52 Motion for production of video footage and a means to view it. By Friday, July 18, 2014, defendant shall provide plaintiff with a copy of the video footage from the respective camera(s) for the entir e length of each day that he intends to introduce into evidence, together with the means for Williams to view the footage. Otherwise the motion is DENIED. ORDER granting 53 Motion to Amend/Correct Hearing Witness List. The writs of habeas corpu s ad testificandum, previously issued for Terry Folse, Sr. and Anthony Freeman are hereby RECALLED. FURTHER ORDERED that writs of habeas corpus ad testificandum issue to the Warden of Madison Parish Detention Center for the appearance of Zenas Fruge' and Cortney Plumbar at the evidentiary hearing of July 22, 2014.. Signed by Magistrate Judge Karen L Hayes on 7/14/14. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION LAWRENCE WILLIAMS * CIVIL ACTION NO. 13-0478 VERSUS * JUDGE ROBERT G. JAMES ANTONIO JOHNSON * MAG. JUDGE KAREN L. HAYES ORDER Before the court are two letter-motions [doc. #s 52 & 53] submitted by plaintiff pro se Lawrence Williams.1 The court resolves each motion, as follows, a) Request for Video Footage In a letter received by the court on July 8, 2014, Williams requested a copy of video footage from 2012-2014. [doc. # 52].2 Although the discovery period is now closed,3 the court notes that defendant Antonio Johnson intends to introduce excerpts of certain video records to demonstrate the lack of smoke in the dormitories. See Def. Pretrial Memo. [doc. # 50]. Given these circumstances, Williams’ letter-motion is hereby GRANTED-IN-PART. By Friday, July 18, 2014, defendant shall provide plaintiff with a copy of the video footage from the respective camera(s) for the entire length of each day (i.e., 1/22/2014, 5/25/2014, 5/30/2014, 6/4/2014, and 1 As these motions are not excepted within 28 U.S.C. § 636(b)(1)(A), nor dispositive of any claim on the merits within the meaning of Rule 72 of the Federal Rules of Civil Procedure, this order is issued under the authority thereof, and in accordance with the standing order of this court. Any appeal must be made to the district judge in accordance with Rule 72(a) and L.R. 74.1(W). 2 3 Williams further stated that three of his witnesses had been transferred. See Aug. 5, 2014, Mem. Order [doc. # 20]. 6/11/2014) that he intends to introduce into evidence, together with the means for Williams to view the footage. Otherwise, the motion is DENIED. b) Revise Witness List In a letter received by the court on July 11, 2014, Williams requested permission to revise his witness list to add Zenas Fruge’ # 18872 and Cortney Plumbar # 20559 in lieu of Terry Folse, Sr., and Anthony Freeman. [doc. # 53]. Upon review of the accompanying declarations, the letter-motion is GRANTED. IT IS ORDERED that the writs of habeas corpus ad testificandum previously issued for Terry Folse, Sr. and Anthony Freeman are hereby RECALLED. IT IS FURTHER ORDERED that writs of habeas corpus ad testificandum issue to the Warden of the Madison Parish Detention/Correctional Center, Tallulah, Louisiana, directing that inmates, Zenas Fruge’ # 18872 and Cortney Plumbar # 20559, be delivered and produced at the U.S. Courthouse, 201 Jackson Street, Monroe, Louisiana, on or before 9:00 A.M. on July 22, 2014, and that said inmates’ custodian maintain control over them throughout the hearing and up to and including their return to the Madison Parish Detention/Correctional Center, Tallulah, Louisiana, following the conclusion of the hearing. In Chambers, at Monroe, Louisiana, this 14th day of July 2014. __________________________________ KAREN L. HAYES UNITED STATES MAGISTRATE JUDGE

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