Brigance v. Doe

Filing 51

ORDER denying 45 motion to compel; denying without prejudice 45 motion for appointment of counsel; and denying 47 motion to produce. Signed by Magistrate Judge Edie R. Ervin on 6/3/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DEDRICK BRIGANCE
#268677
V.

PLAINTIFF

NO. 4:23-cv-00927-KGB-ERE

DOE, et al.

DEFENDANTS
ORDER

Pro se plaintiff Dedrick Brigance has filed: (1) a motion to compel Defendants
to fully respond to his discovery requests; (2) a motion for the appointment of
counsel; and (3) a motion to produce. Docs. 44, 45, 47.
1.

Motion to Compel
All merits-based discovery is currently stayed. Doc. 39. Accordingly, Mr.

Brigance’s motion to compel is denied as premature. Furthermore, based on a review
of Defendants’ discovery responses at issue, the responses appear to be consistent
with the requirements of discovery rules. See Fed. R. Civ. P. 26, 33.
2.

Motion for the Appointment of Counsel
Mr. Brigance’s pending motion for the appointment of counsel is denied for

reasons previously stated. Doc. 34.
3.

Motion to Produce
In his motion to produce, Mr. Brigance requests that the Court order

Defendants to provide him a copy of the ADC policy concerning classification. Mr.

Brigance’s motion is essentially a discovery request. The Court previously instructed
Mr. Brigance that discovery requests were not to be filed with the Court. Instead,
discovery requests should be sent directly to counsel for Defendants, Melissa
Dugger, Association of Arkansas Counties, 1415 West Third Street, Little Rock,
Arkansas 72201. Doc. 2 at 2. Finally, as noted, all merit-based discovery is currently
stayed. Thus, Mr. Brigance should wait until the stay is lifted to send discovery
requests to defense counsel.
IT IS THEREFORE ORDERED THAT:
1.

Mr. Brigance’s motion to compel (Doc. 44) is DENIED.

2.

Mr. Brigance’s motion for the appointment of counsel (Doc. 45) is

DENIED, without prejudice.1
3.

Mr. Brigance’s motion to produce (Doc. 47) is DENIED.

SO ORDERED 3 June 2024.

____________________________________
UNITED STATES MAGISTRATE JUDGE

1

As the case proceeds, the Court will reconsider, on its own, whether counsel should
be appointed to assist Mr. Brigance. And if the case is scheduled for trial, the Court will
likely appoint counsel to assist Mr. Brigance.
2