Pinkston v. Mississippi Department of Corrections et al

Filing 250

ORDER granting 249 Motion for Witnesses/Clarification. Signed by District Judge Debra M. Brown on 6/18/20. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CHAZ PINKSTON

PLAINTIFF

V.

NO. 4:17-CV-39-DMB-DAS

MISSISSIPPI DEPARTMENT OF
CORRECTIONS, et al.

DEFENDANTS

ORDER
On May 29, 2020, this Court noticed a July 15, 2020, evidentiary hearing to address Chaz
Pinkston’s motion for contempt, United States Magistrate Judge David A. Sanders’ report and
recommendations (“R&R”), and Pinkston’s objections to the R&R. Doc. #247. On or about June
1, 2020, Pinkston filed a motion requesting clarification on two issues: (1) whether “he is supposed
to inform his witnesses to be present for Court on July 15th, 2020” and (2) whether “his immediate
family members and/or others [are] allowed to watch the hearing from the bleachers.” Doc. #249.
Upon consideration, the motion for clarification [249] is GRANTED.
Due to the ongoing COVID-19 pandemic, the Court intends to hold the evidentiary hearing
by videoconference. To the extent possible, the hearing will be available to be viewed by the
public remotely. Both parties will be entitled to call witnesses but only to the extent the witnesses
may offer evidence relevant to the subject of the hearing—whether Pinkston was prevented from
attending his May 23, 2019, evidentiary hearing. The logistics for taking the testimony of such
witnesses will depend on their location and, if relevant, custodial status. Accordingly, no later
than July 1, 2020, each party is directed to submit to the Court a separate proposed witness list.
Each party’s witness list should specify: (1) the identity of each proposed witness; (2) the

relevance of each proposed witness’ testimony to the subject of the hearing; and (3) the custodial
status of each witness, if applicable.
SO ORDERED, this 18th day of June, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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