McNeill v. Herring et al

Filing 89

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued as to Plaintiff James C. McNeil. IT IS, THEREFORE, ORDERED that the Warden at the Alexander Correctional Institution must transport Plaintiff James C. McNeill, so that he is presen t for trial to begin on Monday, February 14, 2022 at 10:00 a.m., and then return him to the Alexander Correctional Institution at the conclusion of trial. Signed by Senior Judge Graham Mullen on 1/5/2022. (Pro se litigant served by US Mail.)(brl)

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.

WRIT OF HABEAS
CORPUS AD
TESTIFICANDUM

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

TO: U.S. Marshal, Western District of North Carolina, Charlotte, North Carolina.
TO: Warden, Alexander Correctional Institution, Taylorsville, North Carolina.
IT IS ORDERED that the Warden of the Alexander Correctional Institution have the
body of James C. McNeill, offender number 0275601, now incarcerated at the Alexander
Correctional Institution, under safe and secure conduct before the undersigned United States
Senior District Judge Graham C. Mullen, in and for the United States District Court for the
Western District of North Carolina, at the courtroom in the city of Charlotte, North Carolina, on
or before February 14, 2022, at 10:00 a.m., to be present for the trial in this matter. Mr. McNeill’s
trial is scheduled to begin at 10:00 a.m. on Monday, February 14, 2022, in the Charles R. Jonas
Federal Building, 401 West Trade Street, Charlotte, North Carolina 28202.
Because Mr. McNeill is not in federal custody for these proceedings, the United States
Marshals Service shall not be responsible for accompanying Mr. McNeill while he is in the

Case 3:18-cv-00189-GCM Document 89 Filed 01/05/22 Page 1 of 2

courthouse. The Warden of the Alexander Correctional Institution shall be responsible for
having sufficient state law enforcement officers to be present at all times, and shall be
responsible for maintaining custody of, and ensuring safe and secure conduct by, Mr. McNeill
for the duration of the trial in this matter. The Warden of the Alexander Correctional
Institution shall ensure that Mr. McNeill is present for each and every day of trial until the
trial is completed.
IT IS, THEREFORE, ORDERED that the Warden at the Alexander Correctional
Institution must transport Plaintiff James C. McNeill, so that he is present for trial to begin on
Monday, February 14, 2022 at 10:00 a.m., and then return him to the Alexander Correctional
Institution at the conclusion of trial.
IT IS FURTHER ORDERED that the Clerk’s Office is respectfully directed to send a
copy of this Order to all parties; the U.S. Marshal; the Warden of the Alexander Correctional
Institution, 633 Old Landfill Road, Taylorsville, NC 28681; and Joyce Meadows, NCDPS
Administrative Specialist for Writs, [e-mail].
SO ORDERED.
Signed: January 5, 2022

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