Evans v. Hardy et al

Filing 86

ORDER denying 84 Plaintiff's Fourth Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 10/01/2012. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

MARCUS D. EVANS,
ADC #109369
V.

PLAINTIFF
2:11CV00235 DPM/JTR

SHANTA HARDY, Officer,
East Arkansas Regional Unit, et al.

DEFENDANTS

ORDER
Plaintiff, Marcus Evans, has filed a Motion asking the Court to compel
Defendants to allow him to review the: (1) June 1, 2009 Cellblock 6 security video;
(2) June 1, 2009 Max hallway security video; (3) June 1, 2009 Max Isolation 1
security video; and (4) transcript of his March 18, 2010 interview with internal affairs.
See docket entry #84. Plaintiff incorrectly states that the Court previously ordered
Defendants to allow him to review those items.
To the contrary, on August 21, 2012, the Court noted that Defendants had
agreed to allow Plaintiff to review the : (1) June 1, 2009 Cellblock 6 security video,
which was the only relevant video footage available; and (2) the March 18, 2010 audio
recording of Plaintiff’s interview with internal affairs. See docket entry #78.
Accordingly, the Court denied Plaintiff’s Second Motion to Compel as to those two
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discovery requests. Id. Additionally, the Court did not impose a deadline for
Defendants to make those recordings available to Plaintiff for review. Id.
On September 24, 2012, Defendants sent both recordings to the Deputy Warden
of the Varner Super Max for Plaintiff’s review. See docket entry #85. Defendants did
so well before the expiration of the October 26, 2012 discovery deadline. See docket
entry #69. Thus, Plaintiff’s Fourth Motion to Compel is denied.
IT IS THEREFORE ORDERED THAT Plaintiff’s Fourth Motion to Compel
(docket entry #84) is DENIED.
Dated this 1st day of October, 2012.

UNITED STATES MAGISTRATE JUDGE

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