Dean v. Michels et al
ORDER denying 8 Motion for Order to Produce Documents. Signed by Magistrate Judge Jeremiah C. Lynch on 9/28/2017. Mailed to Dean (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
ROBERT WADE DEAN,
JAMIE MICHELS and KATIE
Pending before the Court is Plaintiff Robert Dean’s Motion for Order to
Produce Documents. (Doc. 8.) On September 9, 2017, this Court issued an Order
finding that Dean’s Complaint, as currently plead, failed to state a claim. He was
given an opportunity to file an amended complaint.
In his current motion, Dean argues he has documents which chronicle the
alleged violations of his rights. When he was moved to MASC, he was separated
from these documents. He argues that in order to satisfactorily amend and
prosecute his complaint with sufficient detail and accuracy, he must be in
possession of these documents. (Doc. 9.)
The Supreme Court has cautioned federal courts to not interfere with the
day-to-day operations of the prisons, especially those things related to security, a
task which is best left to prison officials who have particular experience in dealing
with prisons and prisoners. See Turner v. Safley, 482 U.S. 78 (1987); Wright v.
Rushen, 642 F.2d 1129, 1132 (9th Cir. 1981) (courts should “avoid enmeshing
themselves in the minutiae of prison operations”).
The Court has screened Dean’s Complaint and found that he did not identify
the particular program or programs at issue or the specific medical conditions
which he suffers that were disclosed. (Doc. 6 at 4.) Dean need not provide exact
details in any amended complaint, he simply needs to explain what information
was provided and to whom. Dean needs to clarify whether the dissemination of
his private information was done to determine if he was capable of complying with
a rehabilitative program. See Seaton v. Mayberg, 610 F.3d 530, 534 (9th Cir.
2010). Dean has not indicated how he is unable to make these allegations without
access to the documents at issue.
ACCORDINGLY, IT IS HEREBY ORDERED THAT Dean’s Motion for
Order to Produce Documents (Doc. 8) is DENIED.
DATED this 28th day of September, 2017.
/s/ Jeremiah C. Lynch
Jeremiah C. Lynch
United States Magistrate Judge
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