McCollum v. USA

Filing 74

MINUTE ORDER denying 66 Pro Se Incarcerated Plaintiff's Motion for an Order Copelling [sic] Discovery, by Magistrate Judge Michael J. Watanabe on 4/18/2013.(mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01175-PAB-MJW
GERALD McCOLLUM,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Pro Se Incarcerated Plaintiff’s Motion for an
Order Copelling [sic] Discovery (docket no. 66) is DENIED for the following reasons.
In this prisoner case, the Pro Se Plaintiff seeks an order from this court
compelling Defendant to provide, for viewing, videos from cameras 2 through 5,
inclusive, of the common area in the B-A unit of the alleged excessive force incident on
August 17, 2011.
In response, Defendant submits an affidavit from Robert Roy, who is a Special
Investigative Specialist assigned to U.S.P. in Florence, Colorado. See docket nos. 68
and 68-1. In a nutshell, the affidavit (docket no. 68-1) states that Mr. Roy received all of
the videos (i.e. videos from cameras 1 through 5, inclusive) of the alleged excessive
force incident on August 17, 2011, and he determined that such videos from cameras 2
through 5, inclusive, did not capture any part of the alleged excessive force incident on
August 17, 2011, and therefore those video recordings for cameras 2 through 5 were
not retained. I find that the Pro Se Plaintiff has viewed the video from camera 1. See
paragraph no. 1 in the subject motion (docket no. 66). I further find that the videos from
cameras 2 through 5, inclusive no longer exist. Thus, for these reasons, the subject
motion (docket no. 66) is denied.
Date: April 18, 2013