Johnson v. Adams

Filing 35

ORDER denying 33 Motion for Judgment on the Pleadings. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/17/12. (kpr)

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

DWAYNE E. JOHNSON,
ADC #152640
v.

PLAINTIFF
No. 5:12-cv-131-DPM-JTR

ED ADAMS, Captain,
Brassell Detention Center

DEFENDANT

ORDER
1.

Inmate Dwayne E. Johnson has filed a motion arguing that he is

entitled to judgment on the pleadings. Johnson has not clearly established
that there are no material issues of fact and that he is entitled to judgment, as
a matter of law, on the constitutional claims he has raised against Defendant
Ed Adams. FED. R. CIV. P.12(c); Porous Media Corp. v. Pall Corp., 186 F.3d 1077,
1079 (8th Cir. 1999). The motion is denied.
2.

It appears that Johnson is asking for a judgment in his favor as a

sanction for Adams not responding to his discovery request seeking
unspecified surveillance materials.

As previously explained to Johnson

(Document Nos. 25 and 26), the proper way to resolve the matter is to mail
specific discovery requests directly to Adams's attorney. If Adams does not

properly respond to his specific discovery requests, Johnson may then file a
supported motion to compel. See FED. R. Crv. P. 37; Local Rule 7.2(g).

***
Johnson's motion for judgment on the pleadings, Document No. 33, is
denied. The Court certifies that an in forma pauperis appeal from this Order
would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

D.P. Marshall Jr. P
United States District Judge

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