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)

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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 2

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