Greenwood v. King et al

Filing 56

ORDER denying 49 Motion to Compel. Signed by Magistrate Judge Michael T. Parker on November 4, 2009. (Harris, M.)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION GREGORY T. GREENWOOD v. RONALD KING, et al. ORDER DENYING MOTION TO COMPEL THIS MATTER is before the court on a Motion to Compel [55] filed by Plaintiff. In his motion, Plaintiff seeks the production of MDOC policies relating to the use of force, protection from harm, and security threat group. In an Omnibus Order [43] dated October 8, 2009, the court ordered that Defendants produce these policies to Plaintiff within thirty days.1 Subsequent to the filing of Plaintiff's motion, Defendants produced to Plaintiff a copy of the Protection from Harm policy. However, they have not produced the other two policies, as they contend they are restricted for security reasons. See Response [55]. At this juncture, the court finds it appropriate to deny Plaintiff's motion and to direct Defendants to submit the withheld policies to the court for an in camera review. If, upon review, the court finds it appropriate to revisit this ruling, it shall do so by separate order. IT IS ORDERED that Plaintiff's Motion to Compel [55] is denied. IT IS FURTHER ORDERED that Defendants shall submit the withheld policies to the court, within five (5) days, for an in camera review. SO ORDERED and ADJUDGED this the 4th day of November, 2009. s/ Michael T. Parker United States Magistrate Judge PLAINTIFF CIVIL ACTION NO. 2:09cv94-KS-MTP DEFENDANTS

1

This thirty-day period has not yet expired.