Cox v. Pastelletti et al

Filing 140

MINUTE ORDER denying 138 Plaintiff's renewed Motion to Compel, by Magistrate Judge Michael E. Hegarty on 1/7/2014. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02554-RM-MEH
RONALD M. COX,
Plaintiff,
v.
ZAVISLAN, (DRDC) Warden (CDOC), and
REAUX (DRDC) Captain (CDOC),
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 7, 2014.
Before the Court is Plaintiff’s renewed Motion to Compel [filed January 6, 2014; docket
#138]. The Court denied without prejudice Plaintiff’s original motion to compel for Plaintiff’s
failure to attach a copy of the opponent’s written response to the discovery request, which informs
the Court of the request, response and any objections made. With this motion, the Plaintiff complied
by filing a copy of the Defendants’ response to the discovery request, which objects to producing
x-ray films directly to the incarcerated Plaintiff pursuant to a prison regulation; however, Defendants
inform the Plaintiff that should he “wish to have the X-rays [ ] sent to someone outside the facility,
he should make that request stating the approximate dates on which the X-rays were taken.”
Defendants’ Responses to Plaintiff’s First Request for Production of Documents,” docket #138-1
at 2.
The Court notes that Plaintiff’s original motion to compel requests an order for the
Defendants “to mail the x-ray film to the following address, Ronald Streeter, Re/To: Mr. Cox, 732
Troy Ct, Aurora, Colo, 80012.” Motion to Compel Discovery, docket #135 at 2. Accordingly, it
appears that Plaintiff desires to comply with the administrative regulation cited in Defendants’
discovery response. However, pursuant to Fed. R. Civ. P. 37(a)(1), Plaintiff here has failed to
demonstrate that he ever made such request to the Defendants or conferred, or attempted to confer,
with Defendants in an effort to obtain the x-rays by request for mailing to Mr. Streeter without court
action. Therefore, the motion is denied.