Martin v. Wilkes et al

Filing 57

ORDER finding as moot #48 , #50 , and #51 Motions to Compel. Should Plaintiff find a discovery response deficient, he may file another motion to compel after conferring in good faith with defense counsel. Signed by Magistrate Judge Brian K. Epps on 07/18/2018. (jlh) Modified on 7/18/2018 (jlh).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
KENDRICK R. MARTIN,

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Plaintiff,
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v.
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SCOTT WILKES, Head Warden; ANTONIO )
ROSS, Sergeant over CERT; and SERENA
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CHANCE, Lieutenant,
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Defendants.
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CV 117-127

ORDER
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Plaintiff, an inmate at Augusta State Medical Prison in Grovetown, Georgia, commenced
the above-captioned case pursuant to 42 U.S.C. § 1983. Before the Court are Plaintiff’s motions
to compel. (Doc. nos. 48, 50, 51.) Because defense counsel certified Defendants provided
responses and objections to Plaintiff’s requests for production and interrogatories, the Court
ordered Plaintiff to file a reply indicating whether his discovery concerns were satisfied.
(Doc. no. 54.) Plaintiff has now responded, asking the Court to grant his motions to compel
because Defendants’ responses were not made within thirty days of service of his
interrogatories and requests for production and because he “is not satisfied with the
responses.” (Doc. no. 56.)
The Court cannot compel Defendant to produce documents they have already
produced, even if they are produced outside the thirty-day time frame provided by the rules.
Moreover, to the extent Plaintiff complains Defendants’ responses are insufficient, he does

not identify which responses are insufficient or how. See Loc. R. 26.5(b) (discovery motions
must “include the specific ground for the motion or objection “). Therefore, the Court
DENIES AS MOOT Plaintiff’s motions to compel. (Doc. nos. 48, 50, 51.) Should Plaintiff
find a discovery response deficient in any particular regard, he may, after conferring in good
faith with defense counsel, file another motion to compel.
SO ORDERED this 18th day of July, 2018, at Augusta, Georgia.

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