Fitzgerald v. Owens et al

Filing 46

ORDER denying 44 Motion to Compel. Signed by Magistrate Judge H. David Young on 7/22/10. (bkp)

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Fitzgerald v. Owens et al Doc. 46 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANTHONY JEROME FITZGERALD ADC #106273 V. CLEMETENE OWENS et al. ORDE R On July 9, 2010, Plaintiff filed a motion to compel, seeking copies of his medical records dating from July 26, 2009, and copies of the Arkansas Department of Correction's Cummins Unit administrative segregation policy on entering inmates' cells (docket entry #44). Plaintiff also seeks costs associated with filing the motion. In response, Defendants Gaylon Lay and Clementene Owens request that the motion be denied, contending that Plaintiff may review his medical records upon request, and that copies of prison policies are available at the unit law library. Because the information Plaintiff seeks is available at his unit, there is no reason to require Defendants to produce the documents he seeks, or to award him costs of his motion. IT IS THEREFORE ORDERED THAT Plaintiff's motion to compel (docket entry #44) is DENIED. DATED this 22 day of July, 2010. NO: 5:10CV00080 JLH/HDY DEFENDANTS PLAINTIFF UNITED STATES MAGISTRATE JUDGE

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