McArty v. Littleton et al

Filing 46

ORDER denying 44 Motion Motion for Pre-Trial Conference to Solve Discovery Disputes as set forth, see Order for specifics. Signed by Honorable Barry A. Bryant on November 7, 2018. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
RANDALL THOMAS MCARTY
v.

PLAINTIFF
Civil No. 6:18-cv-06032

CRYSTAL LITTLETON, Hobby Craft
Supervisor, Ouachita River Correctional
Unit (ORCU); WARDEN FAUST, ORCU;
ASSISTANT WARDEN JACKSON, ORCU;
and ASSISTANT WARDEN STEVE
OUTLAW, ORCU

DEFENDANTS

ORDER
Plaintiff proceeds in this matter pro se and in forma pauperis pursuant to 42 U.S.C. § 1983.
Plaintiff filed his Complaint on April 13, 2018. (ECF No. 1). An Amended Complaint was filed
on August 30, 2018; and, a Second Amended Complaint was filed on October 15, 2018. (ECF
No. 30, 42).
Currently pending before the Court is Plaintiff’s Motion for Pre-Trial Conference to
Solve Discovery Disputes. (ECF No. 44). In the Motion, Plaintiff seeks a pre-trial conference to
resolve a discovery dispute with the Defendants. Specifically, Plaintiff seeks certain information
concerning the transfer of Inmate Gray, # 079784.
The Defendants have responded to Plaintiff’s Motion. (ECF No. 45). The Defendants
state that Plaintiff is not entitled to information regarding another inmate because of security
reasons. In addition, the Defendants argue that such information is not relevant to Plaintiff’s claim
of retaliation nor to his claim of retaliatory transfer. Plaintiff, however, states that the information

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concerning the transfer of Inmate Gray is relevant because the Second Amended Complaint asserts
that the Defendants claim that Plaintiff’s transfer was a “swap” for another inmate, but, Plaintiff
claims, the other inmate, Inmate Gray, was already being housed at the Ouachita River Unit.
The Court finds that Plaintiff’s Motion should be and hereby is DENIED to the extent that
it seeks a pre-trial conference concerning the discovery dispute. The Court does, however, direct
Defendants to provide to Plaintiff the date Inmate Gray, # 079784, was transferred to the Ouachita
River Unit and the Arkansas Department of Correction Unit Inmate Gray was housed prior to being
transferred to the Ouachita River Unit. Such information is directed to be provided to Plaintiff by
November 21, 2018.
IT IS SO ORDERED this 7th day of November 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE

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