Solomon v. Campbell et al

Filing 41

ORDER denying 36 Motion for Subpoena. Signed by Honorable Barry A. Bryant on May 18, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CLIFTON ORLANDO SOLOMON
v.

PLAINTIFF
Civil No. 4:18-cv-04001

OFFICER CAMPBELL, Miller County
Detention Center (“MCDC”); SERGEANT
SANDERS, MCDC; CAPTAIN ADAMS,
MCDC; and WARDEN WALKER, MCDC;
SHERIFF JACKIE REUNION; and
CORPORAL HENDERSON, MCDC

DEFENDANTS

ORDER
Before the Court is Plaintiff’s Motion for Subpoena. (ECF No. 36). Defendants have filed
a Response in opposition to the motion. (ECF No. 39).
Plaintiff’s motion asks the Court to subpoena video tape recorded on December 5, 2017, at
the Miller County Detention Center involving an incident between Plaintiff and Defendant
Campbell. Defendants state they have informed Plaintiff multiple times that the video does not
exist. A party cannot be compelled to produce what does not exist.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 36) is DENIED.
IT IS SO ORDERED this 18th day of May 2018.
/s/ Barry A. Bryant________
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE