Mercado v. Wiley et al

Filing 157

MINUTE ORDER denying 141 Plaintiff's Motion for Order to Compel the Defendants to Produce the Documents Requested by Magistrate Judge Michael J. Watanabe on 7/13/09.(erv, ) (Modified on 7/17/2009 corrected file date and signing date to 7/13/09 )(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-02303-WYD-MJW MR. RALPH MERCADO, Plaintiff, v. MR. R. WILEY, ET AL., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the Pro Se Incarcerated Plaintiff's Motion for Order to Compel the Defendants to Produce the Documents Requested (docket no. 141) is DENIED for the following reasons. As to the Pro Se Incarcerated Plaintiff's First Request for Production of Documents ("RFP") #1, the Defendants have provided to the Pro Se Incarcerated Plaintiff, the Defendant H. Trapp's work address where this Defendant can be served. As to the Second RFP #1, #4, #5, #8, #13, and #14, such documents are protected by the Law Enforcement Privilege. As to the Second RFP #3 and #10, these RFPs are overbroad, vague, and unduly burdensome and, therefore, Defendants are not required to further respond to these RFPs. As to the Second RFP #2, #6, #7, #9, #11, #15, #16, and #17, Defendants have fully responded to these RFPs and no further responses are required. As to Second RFP #12, such request is vague and could jeopardize the safety and orderly running of the ADX prison and, therefore, no further response is required by Defendants. See United States v. Jones, 254 Fed. Appx., 711, 720 (10th Cir. 2007). Date: July 13, 2009