Tiller v. McAllester et al

Filing 60

ORDER denying 49 Motion for Default Judgment; denying 55 Motion for Contempt. Signed by Honorable Barry A. Bryant on September 16, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JOSHUA TILLER
v.

PLAINTIFF
Civil No. 4:15-cv-04040

R. WISE, Health Service Administrator,
Correct Care Solutions (CCS);
DR. McALISTER, CCS; JANET MYERS, Health Service
Administrator, CCS; DR. VEIGEAS, CCS; and
CONNIE MASON, Health Service Administrator, CCS

DEFENDANTS

ORDER
Plaintiff has filed a motion for default judgment (ECF No. 49). Plaintiff maintains
Defendants did not comply with a court order (ECF No. 41) directing them to treat a motion for
issuance of a subpoena (ECF No. 35) as a request for the production of documents and to respond
within thirty days of the date of entry, February 26, 2016, of the order. Plaintiff also asserts that the
Defendants have not complied with the Court's initial scheduling order (ECF No. 34). Plaintiff asks
the court to award him $1,250,000 with interest at the rate of 10% to be computed quarterly.
Defendants indicate that on February 25, 2016, in response to the initial scheduling order,
they mailed Plaintiff a copy of all medical grievances and sick call requests relevant to this case.
There were no incident reports, photographs, videos, or written policies relevant to the allegations
in the complaint.
On March 21, 2016, within the thirty days set forth in the order (ECF No. 41) they mailed
Plaintiff the responses to a motion for issuance of a subpoena (ECF No. 36) that they were directed
(ECF No. 41) to treat as a motion for the production of documents. Due to oversight, Defendants
state they did not respond to the motion for issuance of a subpoena (ECF No. 35).
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Defendants

indicate they have now responded to the requests. They note that the Plaintiff did not contact them
about the missing responses prior to filing the motion to compel. They ask that the motion for
default judgment be denied as moot.
The motion for default judgment (ECF No. 49) is DENIED. Plaintiff failed to confer with
the Defendants prior to filing the motion. Further, the responses have now been provided.
Next, Plaintiff has filed to a motion (ECF No. 55) asking the Court to find the
warden/administrator of the Southwest Arkansas Community Center, Mr. Arnold, in contempt.
Plaintiff maintains he disobeyed the writ of habeas corpus by having the Plaintiff transferred to the
Arkansas Department of Correction. The motion (ECF No. 55) is DENIED. Plaintiff has been
released from custody.
IT IS SO ORDERED this 16th day of September 2016.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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