Vanpelt v. Oxner et al

Filing 93

ORDER denying 72 Motion for Reconsideration re 67 Order Adopting Report and Recommendations; denying 73 Supplemental Motion for Reconsideration. Signed by Judge Kristine G. Baker on 10/25/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MARIO KEITH VANPELT
v.

PLAINTIFF
No. 1:11-cv-00019 KGB-BD

JACK OXNER et al.

DEFENDANTS

ORDER
Pending are plaintiff’s motion for reconsideration and supplemental motion for
reconsideration (Dkt. Nos. 72, 73). Plaintiff’s motions are denied.
Plaintiff first seeks reconsideration of the order denying his motion to amend his complaint
to add a claim for retaliation. Subsequent to the filing of plaintiff’s motion for reconsideration and
supplemental motion for reconsideration, plaintiff sought and was granted leave to amend his
complaint to allege a retaliation claim (Dkt. Nos. 84, 88). Therefore, the Court denies as moot
plaintiff’s motion to reconsider the order denying his previous motion to amend.
Plaintiff also seeks reconsideration of the order denying his motion to compel. Judge Deere
denied plaintiff’s motion to compel based on defendants’ representation that they had fully
responded to plaintiff’s discovery requests. In his supplemental motion for reconsideration, plaintiff
acknowledges certain documents he seeks are in the possession of the Arkansas Department of
Correction (“ADC”) and states that he will seek an order compelling the ADC to produce the
documents. Plaintiff’s motion to compel did not seek to compel production from the ADC. It does
not appear that, prior to filing the motion to compel, plaintiff sought production of documents from
the ADC; the ADC is not a party to this action. Consequently, Judge Deere’s order denying
plaintiff’s motion to compel did not rule on the issue of production of documents in possession of
the ADC. For these reasons, the Court denies plaintiff’s motion to reconsider the order denying his

motion to compel.
SO ORDERED this 25th day of October, 2012.

____________________________________
Kristine G. Baker
United States District Judge

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