Winding v. Grimes

Filing 56

ORDER denying 35 Motion to Compel; denying 39 Motion to Compel; granting in part and denying in part 44 Motion for Subpoenas Signed by Magistrate Judge James C. Sumner on 10/7/09 (MGB)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JAMES C. WINDING VS. BART GRIMES and CARMELITA TAYLOR ORDER This cause is before the court on various motions filed by Plaintiff. Having considered the motions, the court rules as follows. Plaintiff's motions to compel [35 and 39] and to enforce court order [49] are denied, as Defendants have indicated in their responses that they have now produced all documents ordered to be produced to Plaintiff. Also before the court is Plaintiff's motion for subpoenas to issue for Sgt. T. Jackson, Captain Dereck Smith, and Warden Bart Grimes [44]. Warden Bart Grimes is a Defendant; thus, there is no need for him to be served with a subpoena, as he will be present at trial. It is unclear from Plaintiff's motion whether Sgt. T. Jackson and Capt. Dereck Smith are currently employed at EMCF. Defendants are ordered to have them present at trial if they is currently under their control. As an added precaution, however, the court hereby directs the Clerk is issue subpoenas for these witnesses and to forward them to Plaintiff, who shall be responsible for service. Accordingly, the motion for subpoenas [44] is hereby granted in part and denied in part. PLAINTIFF CIVIL ACTION NO. 4:09cv11-JCS DEFENDANTS SO ORDERED this the 7th day of October, 2009. /s/ James C. Sumner ______________________________________ UNITED STATES MAGISTRATE JUDGE

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