Frazier v. Carter et al

Filing 15

ORDER denying 12 Motion to Compel because Defendants David Carter and Zach Wolverton certified that the requested materials do not exist or are not in their possession. Frazier is reminded that he must attempt to resolve discovery disputes before filing a motion to compel and certify that he has done so in his motion. Signed by Chief Judge Brian S. Miller on 1/19/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MICHAEL DOUGLAS FRAZIER
ADC #151108
v.

PLAINTIFF

CASE NO. 3:16-CV-00224-BSM

DAVID CARTER &
ZACH WOLVERTON

DEFENDANTS
ORDER

Plaintiff Michael Frazier’s motion to compel [Doc. No. 12] is denied because
defendants David Carter and Zach Wolverton certified that the requested materials do not exist
or are not in their possession. Doc. No. 13-2 (defendants’ responses); Fed. R. Civ. P. 34(a)(1)
(party may request production of materials “in the responding party’s possession, custody, or
control”). Frazier’s request for an order compelling discovery of inventory materials is denied
because he has not requested those materials from the defendants. See Fed. R. Civ.
P.37(a)(3)(B) (party may move to compel after responding party fails to respond to request).
Frazier is reminded that he must attempt to resolve discovery disputes before filing a motion
to compel and certify that he has done so in his motion. See Fed. R. Civ. P. 37(a).
IT IS SO ORDERED this 19th day of January 2017.

_______________________________
UNITED STATES DISTRICT JUDGE

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