Patterson v. Kintu et al

Filing 91

ORDER denying 61 Motion for Discovery(Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 7/10/2018. (TMM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Honora Tremaine Patterson,

Civ. No. 17-2263 (DSD/BRT)

Plaintiff,
v.
Emmanual Kintu; Nick Dechene; Dan
Meyer; Steve McCarty; John Doe; John
Doe; and Tim Demolling, each sued in
their personal capacities,

ORDER

Defendants.

Now before the Court is a motion filed by Plaintiff Honora Tremaine Patterson.
(Doc. No. 61.) In this motion, Plaintiff complains that prison officials have misplaced his
legal mail, and he asks the Court to subpoena the defendants to release his mail to him.
Plaintiff attaches exhibits which demonstrate that he is attempting to resolve this issue
through the prison’s internal grievance system. (See Doc. No. 62.) The Court will not
intervene in this dispute because Plaintiff has yet to exhaust his administrative remedies.
See Woodford v. Ngo, 548 U.S. 81, 85 (2006); 42 U.S.C. § 1997e(a). However, since the
information Plaintiff is attempting to recover may be relevant to Defendants’ recentlyfiled motion for summary judgment (Doc. No. 63), the Court will extend the time for
Plaintiff to respond to that motion. The Court will also change the trial ready date.
IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s Motion for Discovery (Doc. No. 61) is DENIED;

2.

Plaintiff’s response to Defendants’ Motion for Summary Judgment (Doc.
No. 63) is due on or before September 14, 2018. Defendants reply is due
14 days following service of Plaintiff’s response; and

3.

This case shall be ready for trial as of December 10, 2018.

Dated: July 10, 2018.

s/ Becky R. Thorson
Becky R. Thorson
United States Magistrate Judge

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