Kelly v. Solomon et al

Filing 102

Order that this matter is hereby CONTINUED from the 1/11/2021 mixed trial term. (Jury Trial is RESET for 5/10/2021 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) FURTHER ORDE RED that the 100 Writ of Habeas Corpus ad Testificandum Issued is VACATED and will be reissued at a later time. The Clerk of Court is respectfully directed to send a copy of this Order to all parties, the U.S. Marshal, and the Warden of the Alexander Correctional Institution, 633 Old Landfill Road, Taylorsville, NC 28681. Signed by Chief Judge Martin Reidinger on 12/18/2020. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:17-cv-00311-MR

WILLIE T. KELLY, JR.,

)
)
Plaintiff,
)
)
vs.
)
)
GEORGE T. SOLOMON, et al., )
)
Defendants.
)
___________________________ )
THIS MATTER is before the Court sua sponte in response to recent
developments in the outbreak of novel coronavirus in the United States and
the State of North Carolina.
In light of the public health considerations more fully described in the
Standing Orders of the Chief Judge of the District [see Case No. 3:20-mc00048], and given both the Court’s reduced ability to obtain an adequate
spectrum of jurors and the reduced availability of attorneys and Court staff
to be present in courtrooms, the Court concludes that the jury trial of this
matter should be continued to the first mixed term beginning on or after May
10, 2021.

Case 3:17-cv-00311-MR Document 102 Filed 12/18/20 Page 1 of 2

In light of this Order, the Writ of Habeas Corpus ad Testificandum for
the incarcerated Plaintiff’s attendance at trial will be vacated and reissued
for a trial at a later date.
IT IS, THEREFORE, ORDERED that this matter is hereby
CONTINUED from the January 11, 2021 mixed trial term to the first mixed
trial term beginning on or after May 10, 2021.
IT IS FURTHER ORDERED that the Writ of Habeas Corpus ad
Testificandum [Doc. 100] is VACATED and will be reissued at a later time.
The Clerk of Court is respectfully directed to send a copy of this Order
to all parties, the U.S. Marshal, and the Warden of the Alexander
Correctional Institution, 633 Old Landfill Road, Taylorsville, NC 28681.
IT IS SO ORDERED.
Signed: December 18, 2020

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Case 3:17-cv-00311-MR Document 102 Filed 12/18/20 Page 2 of 2