Morrow v. Kelley et al
ORDER granting in part and denying in part 65 Plaintiff's Motion to Compel; denying Plaintiff's claims regarding access to available video evidence as moot; Plaintiff will be granted 30 days to file a Response to 61 which complies with the instructions set forth in this Order; and denying, as moot, 67 Plaintiff's Motion to Inform. Signed by Magistrate Judge J. Thomas Ray on 09/04/2014. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ADC # 143825
DAVID KELLEY, Lieutenant,
Cummins Unit, ADC, et al.
Pending before the Court are Plaintiff’s Motion to Compel and for Extension
of Time (“Motion to Compel”) and Motion to Inform. Docs. 65 & 67. These motions
concern Plaintiff’s ability to view available video evidence which is relevant to his
claims in this action. The Court initially addressed these motions in its August 15,
2014 Order (Doc. 73), but found that it required a supplemental response from
Defendants in order to rule on Plaintiff’s motions. Defendants have now submitted
that response. Docs. 74 & 75.
Pursuant to Defendants’ second supplemental Response, they contend that
Plaintiff has been afforded a complete opportunity to watch all available video
evidence. Doc. 75 at 1. In support of this contention, they offer a signed declaration
from Plaintiff which states that his complaints regarding access to video evidence
have been entirely resolved. Doc. 75-1 at 1. Accordingly, the Court find its
appropriate to deny Plaintiff’s Motion to Inform (Doc. 67) as moot, and to deny in
part and grant in part Plaintiff’s Motion to Compel (Doc. 65). Plaintiff’s Motion to
Compel is denied as moot insofar as it contends that he has not been afforded an
opportunity to review all relevant video evidence.1 Plaintiff’s Motion to Compel is
granted insofar as it asks for an extension of time to reply to Defendants’ Motion for
Summary Judgment (Doc. 61).
Plaintiff will have thirty (30) days from the date of this Order to file a
Response to Defendant’s Motion for Summary Judgment.2 Plaintiff’s Response should
include his legal arguments, as well as affidavits,3 prison records, or other evidence
establishing that there is a genuine issue of material fact that must be resolved at a
hearing or trial. Pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in Defendants’ Statement of Undisputed Facts
(Doc. 63); and (b) any other disputed facts that he believes must be resolved at a
The Motion to Compel also briefly restates Plaintiff’s claims regarding inadequate access
to the law library and inadequate lighting in his cell. Doc 65 at 1. Plaintiff does not specify what
relief he seeks for these alleged inadequacies. Regardless, the Court has already addressed these
claims in its earlier order denying Plaintiff’s Motion for Order (Doc. 68). See Doc. 71.
Per their Response, Defendants state that they do not object to any extension of time this
Court deems necessary. Doc. 74 at 2.
The affidavit must be based upon the personal knowledge of the person executing the
affidavit and must be either: (1) sworn and subscribed to by a notary public; or (2) executed under
penalty of perjury, as provided for by 28 U.S.C. § 1746.
hearing or trial.4
IT IS THEREFORE ORDERED THAT:
Plaintiff’s Motion to Compel and for Extension of Time (Doc. 65) is
DENIED in part and GRANTED in part.
Plaintiff’s claims regarding access to available video evidence are
DENIED as MOOT.
Plaintiff will be granted thirty (30) days from the date of this Order to
file a Response to Defendants’ Motion for Summary Judgment (Doc. 61) which
complies with the instructions set forth in this Order.
Plaintiff’s Motion to Inform (Doc. 67) is DENIED as MOOT.
Dated this 4th day of September, 2014.
UNITED STATES MAGISTRATE JUDGE
If Plaintiff disputes any of the facts in Defendants’ Statement of Undisputed Facts, he must
identify each numbered paragraph that contains the facts he disputes and, for each paragraph, explain
why he disputes those facts.
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