Burns v. Missouri Department of Corrections et al

Filing 40

MEMORANDUM AND ORDER re: 33 MOTION to Compel filed by Plaintiff Michael Burns. IT IS HEREBY ORDERED that plaintiff's motion to compel is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 1/28/19. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MICHAEL BURNS,
Plaintiff,
vs.
TIMOTHY SEABAUGH, et al.,
Defendants.

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Case No. 4:17cv2304 SNLJ

MEMORANDUM and ORDER
This matter is before the Court on the pro se prisoner plaintiff’s motion to compel
(#33). Plaintiff states that was transferred to a different prison and placed “back into
punitive segregation,” where he is not permitted to have any legal materials or writing
materials, nor is he allowed to visit the law library. He seeks an order compelling
defendants to allow him access to the library and to the materials necessary for prosecuting
his case.
Defendants respond that plaintiff is on suicide watch. “Generally, while on suicide
watch, Plaintiff may not have any materials, including papers, pens, and research
materials.” (#36 at 1.) Plaintiff is allowed to read materials at the cell door. Defendants
state they will not oppose a stay of this matter until plaintiff is no longer on suicide watch.
Plaintiff did not file a reply memorandum.

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Although the Court will not formally stay this matter, plaintiff is advised that he
may move for any extensions of time that he may need in order to prosecute his case in
light of his housing situation. Plaintiff is able to file motions with the Court.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel is DENIED without
prejudice.
Dated this

28th

day of January, 2019.

UNITED STATES DISTRICT JUDGE

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