Johnson v. Adams
ORDER denying 5 Motion to Compel; denying 6 Motion for Order. Signed by Magistrate Judge J. Thomas Ray on 05/16/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DWAYNE E. JOHNSON
ED ADAMS, Captain,
Brassell Detention Center
On April 27, 2012, the Court entered an Order directing Plaintiff, Dwayne E.
Johnson, to file an Amended Complaint containing specific information needed to
screen his § 1983 Complaint, as required by 28 U.S.C. § 1915A. See docket entry #3.
On May 8, 2012, Plaintiff filed a Motion asking the Court to compel Defendant
to produce “all physical evidence of any type or character” that supports the merits of
his claims. See docket entry #5. On the same day, Plaintiff filed a “Motion to
Suppress” unspecified evidence. See docket entry #6.
Plaintiff’s Motions are premature and improper. After Defendant files an
Answer or responsive pleading, Plaintiff may begin the discovery process by sending
specific discovery requests directly to Defendant’s attorney. See Fed. R. Civ. P. 33,
34, 36, and 37. Importantly, discovery requests and responses must be mailed directly
to Defendant’s attorney, and not filed in the record. See Fed. R. Civ. P. 5(d). If
Plaintiff later wishes to prevent Defendant from introducing certain evidence at trial,
he must file a Motion in Limine that: (1) specifies the particular evidence he wishes
to be excluded; and (2) the legal basis for exclusion.
IT IS THEREFORE ORDERED THAT Plaintiff’s Motion to Compel (docket
entry #5) and Motion to Suppress Evidence (docket entry #6) are DENIED.
Dated this 16th day of May, 2012.
UNITED STATES MAGISTRATE JUDGE
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