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)

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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 -2-

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