McNeill v. Herring et al

Filing 96

ORDER that the Warden of Alexander Correctional Institution 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 shall also be available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the trial concludes later in the day.1 This Order shall remain in effect until such time as the witness is excused by the Court.. Signed by Senior Judge Graham Mullen on 2/4/2022. (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,
JOHN HERRING,
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 Alexander Correctional Institution
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 shall also be
available to testify by videoconferencing beginning at 10 am on Tuesday, February 15 until the
trial concludes later in the day. 1 This Order shall remain in effect until such time as the witness is
excused by the Court.

1

To reduce the burden on prison officials, the Court will not order that Ellis remain on standby
for the entire time span outlined here. Instead, the Court asks that prison officials be prepared to

IT IS FURTHER ORDERED that copies of that Order be certified to the U.S. Marshals
Service, the Warden of Alexander Correctional Institution at 633 Old Landfill Road, Taylorsville
NC 28681, and the parties.
SO ORDERED.
Signed: February 4, 2022

make Ellis available to testify on 30 minutes of notice. The Courtroom Deputy will keep prison
officials as up-to-date as possible on the anticipated time for Ellis to testify.
2