Ball v. Singleton et al
Filing
29
ORDER denying 11 Motion to Make Speedy Judgment; denying 16 Motion for Issuance of Subpoena; denying 17 Motion for Issuance of Subpoena; denying 18 Motion for Issuance of Subpoena; denying 23 Motion to Set Trial Date. Signed by Honorable Barry A. Bryant on March 16, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DAVID BALL
V.
PLAINTIFF
Civil No. 4:15-CV-4065
JAMES SINGLETON, ET AL
DEFENDANTS
ORDER
Plaintiff David Ball proceeds pro se and in forma pauperis in this 42 U.S.C. § 1983 matter.
Currently before the Court are Plaintiff’s: (1) Motion to Make Speedy Judgment (ECF No. 11);
(2) Motion to Subpoena/Request Documents (ECF No. 16); (3) Motion to Subpoena/Request
Documents (ECF No. 17); (4) Motion to Subpoena/Request Documents (ECF No. 18); and (5)
Plaintiff’s Motion to Set Trial Dates (ECF No. 23). The Court will address each motion separately.
1.
Motion to Make Speedy Judgment (ECF No. 11)
Plaintiff filed his Motion to Make Speedy Judgment on October 7, 2015. He claims he has
filed three motions that have not been ruled on by the Court: Motion to Appoint Counsel (ECF
No. 6), Motion to Correct Spelling (ECF No. 7) and Motion for Service (ECF No. 8).
Plaintiff’s Motion to Appoint Counsel was denied on October 5, 2015 pursuant to a Text
Only Order. Plaintiff’s Motion to Correct Spelling (ECF No. 7) was granted on October 5, 2015
(ECF No. 9). Plaintiff’s Motion for Service (ECF No. 8) was granted in part and denied in part on
October 5, 2015 (ECF No. 9).
Accordingly, Plaintiff’s Motion to Make Speedy Judgment (ECF No. 11) is DENIED as
moot.
2.
Motion to Subpoena/Request Documents (ECF No. 16)
Plaintiff filed his Motion to Subpoena/Request Documents (ECF No. 16) on November 9,
2015. In this Motion Plaintiff requests “all Records from consolidaed Care Inc. at 103 Maple
Street, Bellefontaine, Ohio 43311.”
Plaintiff has failed to provide the Court with enough
information to issue a subpoena. At a minimum Plaintiff must specify the individual for whom
the records are being requested, state the actual dates on which any treatment or related incident
occurred, and indicate how these documents relate to Plaintiff’s case.
Accordingly, Plaintiff’s Motion to Subpoena/Request Document (ECF No. 16) is
DENIED.
3.
Motion to Subpoena/Request Documents (ECF No. 17)
Plaintiff filed his Motion to Subpoena/Request Documents (ECF No. 17) on November 9,
2015. In this Motion Plaintiff requests “all Records From St. Michael’s Hospital at 401 East Street,
Texarkana, AR 71854.” ECF No. 17. Plaintiff has failed to provide the Court with enough
information to issue a subpoena. At a minimum Plaintiff must specify the individual for whom
the records are being requested, state the actual dates on which any treatment or related incident
occurred, and indicate how these documents relate to Plaintiff’s case.
Accordingly, Plaintiff’s Motion to Subpoena/Request Document (ECF No. 17) is
DENIED.
4.
Motion to Subpoena/Request Documents (ECF No. 18)
Plaintiff filed his Motion to Subpoena/Request Documents (ECF No. 18) on November 9,
2015. In this Motion Plaintiff requests “Documents from City Tele Coin Inc., 4501 Milenina
Street, Bossier City, LA 7111 that are dated 6-30-15 and is a Greiveance System from the visitation
Kiosk.” ECF No.18. Plaintiff has failed to provide the Court with enough information to issue a
subpoena. At a minimum Plaintiff must identify who “City Tele Coin Inc.” is and identify the
facility for which they provide services, specify the individual for whom the records are being
requested, and indicate how these documents relate to Plaintiff’s case.
Accordingly, Plaintiff’s Motion to Subpoena/Request Document (ECF No. 18) is
DENIED.
5.
Motion to Set Trial Dates (ECF No. 23)
Plaintiff filed his Motion to Set Trial Dated (ECF No. 23) on January 4, 2016 and requested
“the court to set Trial Dates”. On January 13, 2016 I entered an Initial Scheduling Order in this
matter setting deadlines for disclosures, discovery, motions for summary judgment, and set a date
for a hearing – May 12, 2016 – for a motion for summary judgment. It is premature at this time to
set a date for trial.
Accordingly, Plaintiff’s Motion to Set Trial Dates (ECF No. 23) is DENIED.
IT IS SO ORDERED the 16th day of March 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?