Holmes v. Barker et al

Filing 16

ORDER denying 14 Plaintiff's Motion for assistance with Discovery. Signed by Judge David G Campbell on 9/9/08.(LSP)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Joseph C. Holmes, Plaintiff, vs. Russell Barker, a Police Officer for the City of Clinton, Tennessee, et al., Defendants.

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No. CV-08-190-PHX-DGC ORDER

Plaintiff Joseph Holmes is an inmate confined at the Cherokee County Jail in Canton, Georgia. He has filed a motion for assistance with discovery. Dkt. #14. The Court will deny the motion. Plaintiff states that he has learned from a "reliable source" that the files of the Arizona Sex Offender Registration Unit contain records indicating that he has been convicted of the offense of "child fondling." Dkt. #14 at 1-2. Plaintiff claims that the records are false and state officials have refused to release them. Id. at 4-5. He further claims that the records are necessary to avoid surprise and meet his burden of proof at trial. Id. at 5. He requests "special orders" from the Court requiring state officials "to reveal their `full and complete files about Plaintiff[.]'" Id. at 6. The Court will not entertain a discovery request at this early stage of the litigation. Defendants have not been served with process and no case management conference has been

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held. Moreover, the instant motion lacks specific facts from which the Court could issue an order compelling discovery. IT IS THEREFORE ORDERED that Plaintiff's motion for assistance with discovery (Dkt. #14) is denied. DATED this 9th day of September, 2008.

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