Lewis v. Walraven et al

Filing 25

ORDER denying 22 Motion to Compel. Signed by Honorable Barry A. Bryant on November 29, 2017. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JERMAIN D. LEWIS
v.

PLAINTIFF
Civil No.4:17-cv-04053

SHERIFF BOBBY WALRAVEN,
Little River County, Arkansas; JOHN
DOE DEPUTIES 1 and 2; DEPUTY
TIMOTHY GARNER; and
LITTLE RIVER MEMORIAL HOSPITAL

DEFENDANTS
ORDER

Plaintiff Jermain D. Lewis proceeds in this matter pro se and in forma pauperis pursuant
to 42 U.S.C. § 1983. Before the Court is Plaintiff’s Motion to Compel. ECF No. 14. Defendants
have filed Responses. (ECF Nos. 23, 24).1
Plaintiff’s Motion asks the Court to compel Defendant Walraven to produce “video
footage” of the incident upon which Plaintiff’s complaint is based. (ECF No. 23). Defendant
Walraven represents that he has not provided any video of the incident because there is “no video
and/or photographs concerning his allegation of slipping and falling in the shower during his
incarceration in the Little River Detention Center”. (ECF No. 23). A party cannot be compelled
to produce what does not exist.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 22) is DENIED.
IT IS SO ORDERED this 29th day of November 2017.
/s/ Barry A. Bryant________
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

1

Defendant Little River Memorial Hospital filed a Response (ECF No. 24) correctly noting that Plaintiff’s Motion
to Compel did not ask the Court to order any discovery from them.