Scarborough v. USA

Filing 33

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/22/16. Motion to Compel USP Lewisburg's Warden to Produce the Plaintiff's Discovery Materials to Plaintiff Pursuant to Fed. R. Civ. P. 26 and 34 # 31 is DENIED as moot.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00242-KLM
AARON SCARBOROUGH,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Compel USP Lewisburg’s
Warden to Produce the Plaintiff’s Discovery Materials to Plaintiff Pursuant to Fed.
R. Civ. P. 26 and 34 [#31] (the “Motion”). Defendant filed a Response [#32] in opposition
to the Motion. Plaintiff did not file a Reply.
The issue here concerns how documents were produced, as opposed to which
documents were or were not produced. Defendant responded to Plaintiff’s written
discovery requests partially in hard-copy format and partially with documents on a compact
disc. Response [#32]. Plaintiff appears to have initially refused the offer of a laptop from
his prison facility so that he could review these documents. However, after the filing of the
Motion [#31], Plaintiff appears to have changed his mind and, so far as the Court can now
discern, he has had the opportunity to review these documents electronically. See Aff. of
Diltz [#32-2] ¶ 8. Thus, the issue raised by the Motion [#31] appears to be moot.
Accordingly,
IT IS HEREBY ORDERED that the Motion [#31] is DENIED as moot.
Dated: January 22, 2016