Leatherwood v. King et al

Filing 24

ORDER denying 23 Motion to Subpoena. Signed by Honorable Barry A. Bryant on November 16, 2020. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
RICHARD EUGENE LEATHERWOOD
PLAINTIFF
v.

Civil No. 4:20-cv-04061

NURSE STEPHEN KING; NURSE LONI
REDFERN; and NURSE CHELSEA

DEFANDANTS

ORDER
Plaintiff Richard Eugene Leatherwood filed this 42 U.S.C. § 1983 on August 5, 2020.
(ECF No. 1). On September 9, 2020, the parties consented to the jurisdiction of a United States
Magistrate Judge to conduct any and all proceedings in this case, including conducting the trial,
ordering the entry of a final judgment, and conducting all post-judgment proceedings. (ECF No.
10). Before the Court is Plaintiff’s Motion for Subpoena. (ECF No. 23). Defendants have not
responded, and the Court has determined no response is necessary to rule on the motion.
In his motion Plaintiff states, “Asking for all video footage and copies of All Medical
Request, grievances, Request and any written policies which relate to the facts recited in my
complaint.” (ECF No. 23). Attached to the motion is what Plaintiff refers to as “copies that I have
sent to the Defendants lawyer Morgan, Cook & Beck. L.L.P.” (ECF No. 23-1). On page 1 of this
attachment Plaintiff states he is “…Asking the Court to file a motion to subpoena everything in
the copies I have asked for if the Defendants do not provide to me by November 6, 2020 as ordered
to do so in the Initial Scheduling Order from the Court.” Id. at p. 1.
A review of the docket in this case confirms counsel for Defendants filed a Notice of Initial
Disclosures with the Court on November 6, 2020, stating:

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On November 6, 2020, Plaintiff was mailed a complete copy (118 pages) of his medical
records, kiosk healthcare requests, and grievances which are maintained by, or in the possession
of, Southern Health Partners, Inc…Defendants are not in possession of any photographs, or video
footage or written policies that relate to the facts recited in Plaintiff’s Complaint. Should any such
photographs, video footage or written policies be found, Separate Defendant[s] will forward same
to Plaintiff as a supplement to these disclosures.

(ECF No. 22). This notice includes a certificate of service signed by counsel for Defendants
indicating he mailed a copy of all the referenced documents to Plaintiff via U.S. regular mail on
November 6, 2020. Id. at p. 2. Plaintiff’s request is premature as the docket reflects the
information he is seeking has already been sent to him.
Accordingly, Plaintiff’s Motion for Subpoena (ECF No. 23) is DENIED.
IT IS SO ORDERED THIS 16th day of November 2020.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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