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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

MURRAY HILTON,

Plaintiff,

vs. Case No. 5:03cv166-MCR/WCS

FRANK McHUGH, 

and SEYMOUR GOSS, M.D.,

Defendants.

 /

O R D E R

This case was previously stayed until July 1, 2005. Doc. 122. This order is

entered to provide direction to the parties in continuing this litigation. 

The claims which remain in this § 1983 case are against Defendants McHugh

and Goss. Plaintiff, a pro se inmate, alleged that his Eighth Amendment rights were

violated when Defendants failed to provide Plaintiff with adequate and timely medical

care. A bench trial has been requested, see docs. 116, 117, but will be carried out as

an evidentiary hearing. Docs. 121, 122. Following the hearing, the undersigned will

enter a report and recommendation to which the parties will be afforded an opportunity

to file objections if desired. The following procedures are to be followed in this case.

Scheduling

The evidentiary hearing is scheduled for August 29, 2005. Doc. 124. Three

days have been reserved on the Court's calendar. Doc. 125.

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 As there will now be an evidentiary hearing before the undersigned, there is no

need for jury instructions.

Case No. 5:03cv166-MCR/WCS

It is noted that in January of 2005, Plaintiff filed a notice of change of address

showing that he was transferred from Calhoun Correctional Institution's Work Camp to

DeSoto Correctional Institution in Arcadia, Florida, doc. 112, and then to the DeSoto

Work Camp. Doc. 133. Plaintiff shall file a notice of his current housing location no

later than August 9, 2005. 

The parties were previously advised of the requirements which would be due

shortly after the stay was lifted. Doc. 122. Thus, these deadlines should not come as a

surprise to the parties. Absent a showing of extraordinary circumstances, these

deadlines will not be changed.

Previously, Plaintiff was directed to file his narrative statement, exhibit list,

witness list, and any proposed jury instructions by July 15, 2005.1

 Doc. 122. Plaintiff

timely filed his narrative statement, doc. 131, accompanied by numerous exhibits. 

Plaintiff has not presented a witness list and, thus, Plaintiff's only witness testimony will

be himself.

Plaintiff is reminded that if new evidence (either witnesses or documentary

evidence) is discovered after the filing of his narrative statement, Plaintiff shall

immediately furnish to the Court and to the opposing party complete details thereof,

together with the reason for the late discovery. Use of such evidence or witnesses shall

be allowed in this circumstance only by court order.

Defendants are reminded that they have until August 15, 2005, in which to serve

upon Plaintiff and file the narrative written statement, a list of all exhibits to be offered

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Case No. 5:03cv166-MCR/WCS

into evidence, and a list of all witnesses. See doc. 122. These requirements are

explained in greater detail infra.

Plaintiff filed a motion for reconsideration of the previous order which denied

Plaintiff's motion requesting the appointment of counsel to represent him. Doc. 139. 

The instant motion has been fully reviewed along with the previous motion and order. 

The appointment of counsel is not a constitutional right and this case does not present

complex legal issues. The motion is denied.

Plaintiff also filed a motion requesting to withdraw exhibit B. Doc. 140. Plaintiff

appears to request withdrawal of the exhibit "due to lack of document." Id. Because the

prior order directed Plaintiff to furnish Defendants' counsel with "a copy of each exhibit,"

Plaintiff's motion is granted.

Accordingly, it is ORDERED:

1. Plaintiff's motion for reconsideration, doc. 139, is GRANTED to the extent the

prior order, doc. 134, has been reviewed.

2. The order denying the motion requesting the appointment of counsel was

correct as entered and will stand. The appointment of counsel is unnecessary in this

case. 

3. Plaintiff's motion requesting to withdraw exhibit B, doc. 140, is GRANTED. 

4. To take the place of a pretrial conference, no later than August 15, 2005,

Defendants shall serve upon Plaintiff and file:

A. A narrative written statement of the facts that will be presented on their

behalf through oral or documentary evidence at trial, certifying any facts or issues which

have been stipulated. 

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 If Plaintiff has reason to believe he will be transferred in the near future, he

should advise the Court of those circumstances in his notice.

Case No. 5:03cv166-MCR/WCS

B. A list of all exhibits Defendants will offer into evidence at the trial of the

case, and shall furnish Plaintiff with a copy of each exhibit.

C. A list of the names and addresses of all the witnesses whom

Defendants intend to call, and a summary of the expected testimony of each of those

witnesses.

5. Failure to fully disclose in the pretrial narrative statement the substance of the

evidence to be offered at trial will result in exclusion of that evidence at the trial. The

only exceptions will be (a) matters which the Court determines were not reasonably

discoverable, (b) privileged matters, and (c) matters to be used solely for impeachment

of a witness.

6. Plaintiff shall file a notice of his current housing location no later than August

9, 2005.

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7. The Clerk of Court shall return this file to the undersigned upon Plaintiff's filing

of his notice of current location, or no later than August 9, 2005.

DONE AND ORDERED on July 21, 2005.

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

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