Atwood v. Cheney et al

Filing 300

ORDER IMPOSING COSTS on Defendant. Payment due within 30 days. Signed by District Judge Sharion Aycock on 3/9/2017. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DAVID GARLAND ATWOOD, II
V.

PLAINTIFF
CIVIL ACTION NO. 1:12-CV-168-SA-DAS

JAMES JACKSON

DEFENDANT
ORDER IMPOSING COSTS

The trial of this matter commenced on Monday, March 6, 2017. Prior to opening
statements, the Court orally announced its ruling on the pending Motion in Limine and explicitly
cautioned the attorney and parties that evidence of the Plaintiff’s prior criminal history and
incarceration was not to be mentioned in front of the jury. The Plaintiff called the Defendant to
the stand as his first witness, and Defendant James Jackson mentioned, in front of the jury, that
Plaintiff was “in prison” during his investigation.
For the reasons stated on the record, the Court granted the Plaintiff’s request for a
mistrial, and warned the Defendant that jury costs would likely be assessed against him for
deliberately defying the Court’s Order.
According to the jury clerk, bringing in and selecting a jury for the trial of this matter cost
the District $1,925.64. Accordingly, that cost is assessed against the Defendant James Jackson to
be payable to the Clerk of Court, Northern District of Mississippi, 911 Jackson Avenue, Oxford,
Mississippi 38655, within thirty (30) days.
SO ORDERED, this the 9th day of March, 2017.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE