Anderson v. Rushing et al
OMNIBUS ORDER. Plaintiff's access-to-courts claim is dismissed. Plaintiff's motion for discovery 20 is denied. Case is set for bench trial on June 27, 2012. Dispositive motions due February 27, 2012. Signed by Magistrate Judge F. Keith Ball on 12/12/11. (Copy mailed to Plaintiff.) (dfk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
MICHAEL THERONE ANDERSON
CIVIL ACTION NO. 3:11cv400-FKB
MAJOR MARY RUSHING, et al.
Plaintiff, a pretrial detainee at the Hinds County Detention Center, brought this
action pursuant to § 1983 alleging claims of excessive force, denial of access to the
courts, failure to protect, and unconstitutional interference with religious practices. The
Court, having held a Spears1 hearing in this matter and having conferred with Plaintiff and
with counsel for Defendants, finds and orders as follows:
Plaintiff states that officials at the detention center have interfered with his attempts
to file charges and to file the present lawsuit. Obviously, any allegations regarding
interference with the present lawsuit are without merit. Furthermore, he has failed, both in
his complaint and at the Spears hearing, to articulate specific facts alleging any
interference with any other non-frivolous legal claim. See Lewis v. Casey, 518 U.S. 343,
Accordingly, Plaintiff’s access-to-courts claim is hereby dismissed.
This cause is set for a bench trial before the undersigned on Wednesday, June 27,
2012, at 1:30 p.m.
Plaintiff has requested the presence of Marcus Lamar Oliver at trial. The Court will
secure his presence if he is in the custody of the Mississippi Department of Corrections at
See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).
the time of the trial.
Should any of Plaintiff’s witnesses be or become “free world,” Plaintiff shall be
responsible for securing their voluntary presence at the trial. Should a “free world”
witness refuse to appear voluntarily, Plaintiff shall adhere to the following procedure to
secure the witness’s presence. No later than thirty days prior to trial, Plaintiff shall file a
motion with court for requesting a subpoena to be issued for the witness. The request
shall include the name and address of the witness, and shall be accompanied by the
witness fee and expense payment required by Rule 45 of the Federal Rules of Civil
Defendants are directed to provide Plaintiff a copy of all incident reports and other
documents relating to Plaintiff’s allegations of excessive force. They shall also produce to
Plaintiff all documents setting forth the detention center’s policy regarding religious
observances by detainees. No other discovery shall be conducted without leave of court.
Plaintiff’s motion requesting the employee records of Defendants  is hereby denied.
Any dispositive motions shall be filed by February 27, 2012.
SO ORDERED this the 12th day of December, 2011.
/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?