Scott v. Management Training Corporation et al

Filing 62

ORDER denying 61 Motion for Entry of Default. Signed by Magistrate Judge Michael T. Parker on November 28, 2018. (MMc)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JANICHOLAS VANKEITH SCOTT # L1786
VERSUS

PLAINTIFF
CIVIL ACTION NO. 5:18-cv-44-MTP

MANAGEMENT TRAINING CORPORATION, et al.

DEFENDANTS

ORDER
THIS MATTER is before the Court on Plaintiff’s Motion for Declaration for Entry of
Default [61], which the Court construes as a motion to compel discovery. Having carefully
considered the Motion, the Court finds that it should be denied.
Plaintiff asserts that Defendants have not produced (1) photos or videos of his cell, (2) his
housing record, (3) any record of removal or cleaning of mold in his cell. The Court notes that
Plaintiff dated this Motion November 10, 2018 and Defendant MTC, Defendant Fleming,
Defendant Grinnell, and Defendant Jackson filed a Notice on November 21, 2018 representing
that Plaintiff’s institutional records, including his housing history, had been provided to him. See
Notice [57]. The only documents that Defendants have not produced to Plaintiff are photos or
videos of his cell and records of mold removal or cleaning in his cell.
Defendants state they do not have photos or videos of Plaintiff’s cell, and they do not
possess any records concerning mold removal or cleaning in Plaintiff’s cell. See Notice [51],
Notice [57]. Production of these documents cannot be compelled because Defendants cannot
produce something they do not have in their possession or control. Bencel v. Salas, 2018 WL
691649, at *3 (E.D. La. 2018); see also Fed. R. Civ. P. 34(a)(1) which requires the things to be
produced be in the responding party’s “possession, custody, or control.”
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Declaration of Entry of
Default [61] is DENIED.
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SO ORDERED, this the 28th day of November, 2018.
/s/Michael T. Parker
United States Magistrate Judge

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