Lee v. Patterson et al

Filing 56

ORDER denying 49 Motion to Compel ; denying 53 Motion to Compel. Signed by Honorable Barry A. Bryant on October 12, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
PATRICK DONZELL LEE

v.

PLAINTIFF

Civil No. 4:15-cv-04102

OFFICER PATTERSON; and
SERGEANT MILLER

DEFENDANTS
ORDER

Plaintiff Patrick Lee filed this 42 U.S.C. § 1983 action pro se on October 7, 2015. ECF
No. 1. Currently before the Court are Plaintiff’s Motions to Compel. ECF Nos. 49, 53. Defendants
Patterson and Miller have filed Responses. ECF Nos. 50, 54, 55. On September 14, 2016 the
Court entered an Order (ECF No. 52) directing Defendants to search for any additional documents
such as in house complaints, reprimands, or disciplinary measures involving Defendant Patterson
during his employment with Miller County.
In his Motion to Compel (ECF No. 53) Plaintiff insists there must be additional documents
relating to Defendant Patterson’s work record in his personnel file that have not been provided to
him by Defendants such as video from August 13, 2015, records regarding past suits, internal
affairs investigations, Crim-Star reports and incident reports. On October 12, 2016 Defendant
responded to the Court’s September 14, 2016 Order stating they had searched the personnel files
and all other County documents again, and there were no additional documents found regarding
Defendant Patterson relating to Plaintiff’s requests. ECF No. 55.
Pursuant to the Federal Rules of Civil Procedure a party is obligated to produce documents
within its “possession, custody, or control.” Fed. R. Civ. P. 34(a)(1). Defendants have responded
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to Plaintiff’s requests regarding video, Crim-Star reports, and incident reports indicating they have
produced to Plaintiff any such documents or videos that exist. ECF Nos. 50, 51, 54, 55. ECF
Nos. 50, 51. Although Plaintiff has not previously requested information pertaining to “past suits
for all cases in MCDC or internal affairs investigations” Defendants have agreed to provide
Plaintiff with any information they find relating to these requests. ECF No. 54.
Accordingly, Plaintiff’s Motions to Compel (ECF Nos. 49, 53) are DENIED.
IT IS SO ORDERED this 12th day of October 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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