McNeill v. Herring et al

Filing 95

ORDER that the Warden of Central Prison shall have inmate-witness Eddie Ellis available to testify by videoconferencing beginning at 1:00 pm on Monday, February 14 until the trial is in recess at the end of the day. Ellis shal l also be available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes later in the day. This Order shall remain in effect until such time as the witness is excused by the Court. Signed by Senior Judge Graham Mullen on 1/24/2022. (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 is set for a jury trial on Monday, February 14, 2022, and Tuesday,
February 15, 2022, before the undersigned at the United States District Court in Charlotte, North
Carolina. The Court has determined that inmate Eddie Ellis (offender number 0626925) may be
called as a witness in this case and must be made available to testify via videoconferencing.
IT IS THEREFORE ORDERED that the Warden of Central Prison shall have inmatewitness Eddie Ellis available to testify by videoconferencing beginning at 1:00 pm on Monday,
February 14 until the trial is in recess at the end of the day. Ellis shall also be available to testify
by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes
later in the day. This Order shall remain in effect until such time as the witness is excused by the
Court.

Case 3:18-cv-00189-GCM Document 95 Filed 01/24/22 Page 1 of 2

IT IS FURTHER ORDERED that the Court’s previous Order directed to the Warden of
Alexander Correctional Institution (ECF No. 94) is VACATED.1 Copies of this Order shall be
certified to the U.S. Marshals Service, the Warden of Central Prison at 1300 Western Boulevard,
Raleigh, NC 27606, and the parties.
Signed: January 24, 2022

1

At the time that the Order issued, Eddie Ellis was incarcerated at Alexander CI. The
Department of Public Safety’s website indicates that Ellis was moved to Central Prison on
January 19, 2022.

Case 3:18-cv-00189-GCM Document 95 Filed 01/24/22 Page 2 of 2