Smalley v. Gamache et al

Filing 88

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to compel [#87] is denied. Signed by District Judge Rodney W. Sippel on 8/13/2012. (RAK)

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 the Court on plaintiff’s motion to compel. Plaintiff complains that
defendants did not provide him with a videotape of the alleged event at issue in this case or
information relating to the policies and procedures of the St. Louis City Justice Center. I
previously required defendants to file their responses to plaintiff’s discovery in the event the
Court had to make a ruling on their sufficiency. I have reviewed defendants’ discovery
responses, and plaintiff’s motion to compel must be denied. As defendants explain in their
discovery responses, they have no video recordings, tapes, photographs, or audio recordings of
the alleged event, no does the sheriff’s department have any policies relating to video recordings.
Plaintiff may not like or believe this answer, but the Court cannot compel a party to provide what
does not exist. Plaintiff continues to try to obtain information about the City of St. Louis
Department of Corrections and the St. Louis City Justice Center from these defendants even
though, as explained by defendants “the City Justice Center is operated by the City of St. Louis
Division of Corrections, a separate and distinct entity from the Sheriff’s Department of the City
of St. Louis.” The Court cannot require defendants to provide the information plaintiff seeks.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion to compel [#87] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 13th day of August, 2012.

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