Smalley v. Gamache et al

Filing 111

MEMORANDUM AND ORDER re: 110 MOTION to Compel filed by Plaintiff James H. Smalley motion is DENIED. Signed by District Judge Rodney W. Sippel on 4/10/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES SMALLEY,
Plaintiff,
vs.
MICHAEL GAMACHE, et al.,
Defendants.

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Case No. 4:10CV319 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion to compel. The motion will
be denied as it appears it may be filed in the wrong case. In support of his
motion, plaintiff attaches a good faith letter addressing what he believes to be
deficiencies in discovery. However, this letter is addressed to attorneys at the
Missouri Attorney General’s Office, who do not represent any of the defendants
in this case. Moreover, the discovery he seeks appears to be related to the
underlying criminal charge that led to his being held in custody at the St. Louis
City Justice Center on February 28, 2007, when the events giving rise to this
excessive force case took place. Yet plaintiff’s complaint here involves only a
very brief time period in the custody of the Sheriff’s Department and does not
include any allegations regarding his underlying arrest or criminal case. In

addition to being irrelevant in this case, these defendants do not even have the
discovery being sought by plaintiff. For these reasons, the motion to compel
will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel [#110] is
denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 10th day of April, 2013.

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