Burgie v. Golden et al

Filing 40

ORDER granting in part and denying in part 26 Motion to Compel; denying 29 Motion to Compel. Signed by Magistrate Judge Beth Deere on 9/14/09. (mkf)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION E R I C C. BURGIE A D C #120956 V. D A R R Y L GOLDEN, et al. ORDER P la in tif f has filed two motions to compel (docket entries #26 and #29). The Court w ill address each motion separately. I. M o tio n to Compel (docket entry #26) In the first motion to compel (#26), Plaintiff seeks a Court order requiring the D e f e n d a n ts to produce copies of the chapters of the Complete Book of Voodoo that they h a v e preserved for trial in this matter. The Arkansas Department of Correction ("ADC") D e f e n d a n ts have responded to Plaintiff's motion (#28). In their response, the ADC Defendants state that they have preserved copies of s e v e ra l chapters of the book in question, but do not state whether they have provided P la in tif f access to these copies. Accordingly, Plaintiff's motion (#26) is GRANTED in p a rt, and DENIED in part. The ADC Defendants are ordered to provide Plaintiff re a s o n a b le access to the copies of the chapters of the Complete Book of Voodoo that they h a v e preserved. The ADC Defendants are not required to provide Plaintiff actual copies o f the material in question. CASE NO. 5:09CV00136 JMM/BD DEFENDANTS

PLAINTIFF

II.

M o tio n to Compel (#29) In the second motion to compel (#29), Plaintiff seeks an order requiring

D e f e n d a n ts to respond to requests for production and to produce copies of "requests for in te rv ie w s ." The ADC Defendant have responded to Plaintiff's motion, stating that P la in tif f prematurely filed a motion to compel, rather than sending them requests for the d o c u m e n ts (#32). The ADC Defendants correctly note that discovery requests must be sent directly to an opposing party. A motion to compel cannot be used as a plaintiff's initial request f o r discovery. Accordingly, Plaintiff's motion to compel (#29) is DENIED. Plaintiff must send all discovery requests directly to the ADC Defendants. If they f a il to produce requested information, Plaintiff may file a motion to compel at that time. IT IS SO ORDERED this 14th day of September, 2009.

____________________________________ U N IT E D STATES MAGISTRATE JUDGE

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