Stanford v. Tallant et al

Filing 20

ORDER denying 18 Motion to Compel. Signed by Honorable Barry A. Bryant on October 31, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TIMOTHES W. STANFORD v. PLAINTIFF Civil No. 4:17-cv-04081 SHIFT SUPERVISOR JANA TALLANT; SHERIFF BRIAN MCJUNKINS, Howard County, Arkansas; and NURSE RHONDA HOWARD, Southwest Arkansas Mental Health DEFENDANTS ORDER Plaintiff Timothes W. Stanford filed his Complaint in this 42 U.S.C. § 1983 action pro se on September 19, 2017. (ECF No. 1). Before the Court is Plaintiff’s Motion to Compel. (ECF No. 18). Defendants Bryan McJunkins and Jana Tallant have filed a Response. (ECF No. 19). Plaintiff’s Complaint alleges he was denied adequate medical care. Plaintiff’s Motion to Compel asks the Court to order Defendants McJunkins and Tallant to provide him copies of grievances and access to a law library. Neither of these requests are proper for a motion to compel at this stage of the litigation. First, Plaintiff’s requests do not specifically relate to the issues in this lawsuit. Second Plaintiff does not have a freestanding constitutional right to a law library. See Bounds v. Smith, 430 U.S. 81, 828 (1977) (appointed counsel provides the “adequate assistance from persons trained in the law” that is constitutionally required in the absence of a law library). Plaintiff is again DIRECTED to refer to the Prison Litigation Guide for instructions on how and when to file a motion to compel.1 If Plaintiff believes his constitutional right to access to courts is being violated by Defendants McJunkins and Tallant he may file a supplement to his Complaint.                                                              1 Plaintiff previously filed a motion to compel on October 13, 2017 (ECF No. 10) requesting the same relief. The Court denied that motion as premature as no defendant had filed an answer at the time. (ECF No. 11).   Accordingly, Plaintiff’s Motion to Compel (ECF No. 18) is DENIED. IT IS SO ORDERED this 31st day of October 2017. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE  

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