Jones v. Hobbs et al
ORDER directing the Clerk to refrain from docketing any future discovery from Plaintiff. Plaintiff's 107 Motion for extension of time is denied. Plaintiff's 95 Motion for Appointment of Counsel is denied. Plaintiff's 109 Motion for Order to Secure Video Evidence is granted, and Defendants must, within fourteen days of the entry of this Order, comply with the instructions contained herein. Signed by Magistrate Judge J. Thomas Ray on 1/15/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MEGAN BOND, Varner Unit Infirmary,
Arkansas Department of Correction, et al.
Plaintiff, David Jones, is a prisoner proceeding pro se in this § 1983 action.
Plaintiff has filed three nondispositive Motions, which the Court will address
I. Motion for an Extension of Time
On December 12, 2013, the Court issued a Revised Scheduling Order that lifted
the stay on discovery, imposed a discovery deadline of March 10, 2014, and set a
dispositive motion deadline of April 9, 2014. Doc. 96. Soon thereafter, Plaintiff filed
numerous discovery requests and a Motion seeking six months to conduct discovery.
Docs. 97 to 107, 108, & 110.
Discovery requests and responses may not be filed in the record. Instead,
Plaintiff must mail his discovery requests and responses directly to Defendants’
attorney. See Fed. R. Civ. P. 5(d). Additionally, there does not appear to be anything
about this case that would warrant a six month discovery period rather than the
customary three month period. Thus, Plaintiff should continue to promptly and
diligently conduct discovery. As the March 10, 2014 discovery deadline approaches,
Plaintiff may, if necessary, renew his Motion for an Extension of Time and explain:
(1) what specific additional discovery he needs to conduct; and (2) why he has been
unable to complete that discovery in the three month period. Accordingly, Plaintiff’s
Motion for an Extension of Time is denied.
II. Third Motion for Appointment of Counsel
Plaintiff has filed a third Motion requesting the appointment of counsel. He,
however, has not provided a sufficient reason for the Court to reconsider its rulings
denying his previous requests for counsel. Docs. 51 & 77. Accordingly, his Third
Motion for Appointment of Counsel is denied.
III. Motion for Order to Secure Video Evidence
Plaintiff has filed a Motion asking the Court to order Defendants to preserve
any video recordings that captured the June 17, 2011 incident at the VSM that is the
subject of this lawsuit. Doc. 109. The Court finds good cause for granting that
request. Additionally, the Court concludes that any photographs that were taken of
Plaintiff’s injuries should also be preserved.
Thus, Defendants must, within fourteen days of the date of this Order, file
sealed copies of: (1) any video recordings of Plaintiff’s June 17, 2011 transportation
from cell block 4 to the crossover stairs, fall down the crossover stairs, move to the
recreation yard, transfer to the cell block 3 nurses station, and return to cell block 4;
and (2) any photographs taken of Plaintiff’s injuries. If any such video recordings or
photographs have been lost, destroyed, or are no longer available (for any reason),
Defendant must provide a detailed explanation of why that evidence is no longer
available and the names of all ADC employees who had any involvement in the
destruction or loss of that evidence. The Court will then promptly schedule a hearing
to take testimony from the named ADC employees concerning how and why the video
recordings and photographs were lost or destroyed.
IT IS THEREFORE ORDERED THAT:
The Clerk is directed REFRAIN from docketing any future discovery
Plaintiff’s Motion for an Extension of Time (Doc. #107) is DENIED.
Plaintiff’s Third Motion for Appointment of Counsel (Doc. #95) is
Plaintiff’s Motion for Order to Secure Video Evidence (Doc. 109) is
GRANTED, and Defendants must, within fourteen days of the entry of this Order,
comply with the instructions contained herein.
Dated this 15th day of January, 2014.
UNITED STATES MAGISTRATE JUDGE
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