McNeill v. Herring et al

Filing 88

ORDER comes before the Court on its own motion, ( Jury Trial RESET for 2/14/2022 10:00 AM in Courtroom #8, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.). The Writ of Habeas Corpus Ad Testificandum for James C. McNeill (ECF No. 79) is VACATED. Signed by Senior Judge Graham Mullen on 1/4/2022. (Pro se litigant served by US Mail.)(ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00189-GCM
JAMES C. MCNEILL,
Plaintiff,
v.

ORDER

MICHAEL D. HINSON,
FNU SIMMONS,
WILLIAM HORNE,
FNU KINNEY,
FNU ALLEN,
THOMAS B. TURGEON,
Defendants.

THIS MATTER comes before the Court on its own motion. Trial in this matter is
presently set for January 10. However, Plaintiff’s requests for trial witnesses—including writs of
habeas corpus ad testificandum for incarcerated witnesses and subpoenas for non-incarcerated
witnesses—are still pending before the Court. The Court reluctantly concludes that trial in this
matter must be continued yet again in order to properly consider the pending motions and to
provide sufficient time for state officials to comply with the Court’s forthcoming Orders.
IT IS THEREFORE ORDERED that:
1. The Clerk shall RESET the trial date in this case to February 14, 2022.
2. The Writ of Habeas Corpus Ad Testificandum for James C. McNeill (ECF No. 79) is
VACATED.
3. The Clerk is respectfully directed to TRANSMIT A COPY of this Order to all parties;
the U.S. Marshal; the Warden of the Granville Correctional Institution, Box 2500,

Case 3:18-cv-00189-GCM Document 88 Filed 01/04/22 Page 1 of 2

Butner, NC 27509; and Joyce Meadows, NCDPS Administrative Specialist for Writs,
[e-mail].
SO ORDERED.
Signed: January 4, 2022

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