Davis v. Hobbs

Filing 47

ORDER denying, as moot, docket entry # 46 Plaintiff's Motion to Compel; the Clerk is directed to mail Plaintiff, at his new EARU address, a copy of the documents received pursuant to the July 25, 2011 subpoena duces tecum (docket entry #44); P laintiff shall file, on or before September 8, 2011, a Motion for Service that contains the names of and service addresses for the John Doe Defendants; and Plaintiff is reminded if he fails to timely and properly do so, the John Doe Defendant will be dismissed, without prejudice, pursuant to Fed. R. Civ. P 4(m). Signed by Magistrate Judge J. Thomas Ray on 08/25/2011. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

GREGORY DAVIS,
ADC #97816
V.

PLAINTIFF
5:10CV00271 SWW/JTR

DOES, Five Unknown Officers
at the Maximum Security Unit; and
JOHN GLASSCOCK, Lieutenant,
Arkansas Department of Correction

DEFENDANTS

ORDER
Plaintiff, Gregory Davis, has recently filed a Motion to Compel (docket entry
#46). For the following reasons, the Motion will be denied.
On July 25, 20011, the Court issued, at Plaintiff’s request, a Subpoena Duces
Tecum directing the Warden of the Maximum Security Unit to produce certain
documents that might assist Plaintiff in identifying the prison officers who allegedly
used excessive force against him in November or December of 2009. See docket entry
#42. On August 11, 2011, the Warden timely complied with the subpoena by
producing the documents to the Court. On August 15, 2011, the Court mailed the
documents to Plaintiff at the Cummins Unit. See docket entry #44.
On August 23, 2011, Plaintiff filed a Notice explaining that he had recently

been transferred to the East Arkansas Regional Unit (“EARU”). See docket entry #46.
On the same day, Plaintiff filed a Motion to Compel stating that he has not received
any documents in response to the July 25, 2011 subpoena. Id. Accordingly, he asks
the Court to compel the Warden to comply with the subpoena.
Plaintiff’s request is moot because the Warden has timely responded to the
subpoena. Although it is unclear, it appears that the Court mailed the documents to
Plaintiff at the Cummins Unit either during or after his transfer to the East Arkansas
Regional Unit. Thus, the Court will direct the Clerk to mail Plaintiff an additional
copy of the documents, and give him a brief extension of time to file his Motion for
Service containing the names of and service addresses for the John Doe Defendants.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s Motion to Compel (docket entry #46) is DENIED, AS MOOT.

2.

The Clerk is directed to mail Plaintiff a copy of the documents received

pursuant to the July 25, 2011 subpoena duces tecum (docket entry #44). The
documents should be mailed to Plaintiff at his new address at the EARU.
3.

Plaintiff shall file, on or before September 8, 2011, a Motion for

Service that contains the names of and service addresses for the John Doe Defendants.
4.

Plaintiff is reminded that if he fails to timely and properly do so, the John

Doe Defendants will be dismissed, without prejudice, pursuant to Fed. R. Civ. P.
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4(m).
Dated this 25th day of August, 2011.

UNITED STATES MAGISTRATE JUDGE

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