Bell v. Burl et al

Filing 47

ORDER denying 41 Plaintiff's Motion for a Subpoena which has been construed as a Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 01/30/2014. (kcs)

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

JOE LEONARD BELL, JR.,
ADC #107834
V.

PLAINTIFF
2:13CV00054 DPM/JTR

DANNY BURL, Warden; and
JEREMY ANDREWS, Major,
East Arkansas Regional Unit, ADC, et al.

DEFENDANTS

ORDER
Plaintiff has filed a “Motion to Subpoena,” which is more properly
characterized as a Motion to Compel. Doc. 41. In that pleading, Plaintiff asks the
Court to require Defendants to produce a paper copy of the medical script Nurse
Floyd entered into an electronic database on May 12, 2011. Id.
Defendants explain that their electronic database does not contain any such
medical script. Doc. 45. Instead, the electronic database demonstrates that Plaintiff
was seen in the infirmary by Nurse Campbell on April 23, 2011, and he did not return
to the infirmary until November 2, 2011. Id. The Court cannot order Defendants to
produce what they do not possess.
IT IS THEREFORE ORDERED THAT Plaintiff's Motion for a Subpoena,
which has been construed as a Motion to Compel (Doc. 41), is DENIED.

Dated this 30th day of January, 2014.

UNITED STATES MAGISTRATE JUDGE

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