Horton v. Chaney et al

Filing 57

ORDER that pltf's motions for a special master, for an audit, and to compel 52 53 55 are DENIED. Signed by Magistrate Judge H. David Young on 10/13/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
JAMES D. HORTON, III
ADC #655091
V.

PLAINTIFF

NO: 4:11CV00358 BRW/HDY

C. CHANEY et al.

DEFENDANTS
ORDER

Plaintiff filed this complaint on April 26, 2011, alleging that he was subjected to excessive
force by Defendants C. Chaney and M. Harron of the England Police Department. On October 12,
2011, Plaintiff filed a motion for an order seeking the appointment of a special master to inspect the
England Police Department Jail (docket entry #52), and a motion for a state or federal audit, alleging
poor conditions at the jail and seeking a report of various jail financial matters (docket entry #53).
This lawsuit concerns allegedly excessive force by Chaney and Harron. Neither the jail conditions,
nor its financial operations, are relevant to the claims Plaintiff has made. To the extent that such
matters may impact Plaintiff’s lawsuit, there is no reason they cannot be explored in the normal
course of litigation.
Plaintiff also filed what has been docketed as a motion to compel (docket entry #55), that
appears to be in essence a discovery request. Although the motion will be denied, Defendants
should respond to the discovery requests pursuant to the Federal Rules of Civil Procedure.
IT IS THEREFORE ORDERED THAT Plaintiff’s motions for a special master, for an audit,
and to compel (docket entries #52, #53, & #55), are DENIED.
DATED this 13

day of October, 2011.

UNITED STATES MAGISTRATE JUDGE