Allen v. Madison Co. Sheriff's Dept. / Jail et al

Filing 90

ORDER that the Bureau of Prisons and the U.S. Marshal Service are hereby ORDERED to transport and produce the body of Bradford D. Allen, offender #22458-058, incarcerated at Edgefield Federal Correctional Institution in Edgefi eld, South Carolina, under safe and secure conduct before the undersigned United States District Judge Max O. Cogburn, Jr., in and for the Western District of North Carolina, at Courtroom One in Asheville, North Carolina, on or before August 11, 2017, at 10 a.m. to be present for an evidentiary hearing in this matter. Signed by District Judge Max O. Cogburn, Jr on 8/3/2017. (Pro se litigant served by US Mail.)(khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15-cv-246-MOC
BRADFORD D. ALLEN,

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Plaintiff,
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vs.
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MADISON CO. SHERIFF’S DEPT./JAIL,
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ET AL.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on its own motion. The Court held an evidentiary
hearing on Monday July 31, 2017, on the sole issue of whether Plaintiff exhausted his
administrative remedies before filing this action. The Court finds that more witness testimony is
necessary before rendering a decision on the issues discussed at the hearing.
Therefore, this matter shall be continued, and the parties shall appear for further testimony
from additional witnesses in this matter. The continuation of the evidentiary hearing is to be
commenced on Friday, August 11, 2017, at 10 a.m. in Courtroom One, in Asheville, North
Carolina. Furthermore, Defendants shall be responsible for ensuring that the following witnesses
are present to testify regarding the issue of exhaustion of administrative remedies, as discussed at
the hearing held on July 31, 2017: Officers Jamie Cook, William Martin, Emily Silvers, and FNU
Wendell, all alleged by Plaintiff to be officers at the Madison County Detention Center at all
relevant times.1 To state the gist of the matter, Plaintiff testified at the evidentiary hearing that he

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The Court has attempted to state accurately the names given by Plaintiff in his testimony at
the evidentiary hearing held on July 31, 2017. If the names are inaccurate, Defendants shall
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asked these employees at various times for grievance forms and that these employees brought him
grievance forms for him to fill out to grieve his various claims. The witnesses shall be prepared
to testify as to this issue.
IT IS, THEREFORE, ORDERED that the Bureau of Prisons and the U.S. Marshal
Service are hereby ORDERED to transport and produce the body of Bradford D. Allen, offender
#22458-058, incarcerated at Edgefield Federal Correctional Institution in Edgefield, South
Carolina, under safe and secure conduct before the undersigned United States District Judge Max
O. Cogburn, Jr., in and for the Western District of North Carolina, at Courtroom One in Asheville,
North Carolina, on or before August 11, 2017, at 10 a.m. to be present for an evidentiary hearing
in this matter. Upon completion of the evidentiary hearing, Plaintiff is to be returned to the custody
of the Bureau of Prisons.
IT IS FURTHER ORDERED that the Clerk’s Office is respectfully directed to send a
copy of this Order to all parties and the U.S. Marshal.
IT IS SO ORDERED.
Signed: August 3, 2017

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Court has attempted to state accurately the names given by Plaintiff in his testimony at
the evidentiary hearing held on July 31, 2017. If the names are inaccurate, Defendants shall
make a reasonable attempt to discern the accurate names of the officers to which Plaintiff
referred at the hearing. Any refusal by a witness to testify will be a factor considered by the
Court in making its credibility determinations in this matter.
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