Shumpert v. D. Madrid et al

Filing 35

ORDER. IT IS HEREBY ORDERED that 34 Plaintiff's Motion to Compel Video Evidence is denied, without prejudice. Signed by Magistrate Judge George Foley, Jr. on 2/7/17. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

DRAYDEN D. SHUMPERT,

)
)
Plaintiff,
)
)
vs.
)
)
D. MADRID, et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:15-cv-02273-JAD-GWF
ORDER

13
14
15
16

This matter is before the Court on Plaintiff’s Motion to Compel Video Evidence (ECF No.
34), filed on January 30, 2017.
On January 11, 2017, the District Court entered an order granting Defendants’ Motion to Stay

17

pursuant to Heck v. Humphrey. See Order (ECF No. 32). Plaintiff has since moved to lift the stay

18

and requests that the Court compel the production of video surveillance of the incident underlying

19

this litigation. See ECF Nos. 33 and 34. Plaintiff asserts that this video evidence will show that

20

Defendants’ alleged attack on Plaintiff was premeditated and was carried out with excessive force.

21

Motion (ECF No. 34), pg. 3. Because the stay imposed by the District Court has not yet been lifted,

22

Plaintiff’s request is premature. Plaintiff’s request goes to the merits of the claims set forth in his

23

complaint and the proper time to bring such a request would be during discovery. Accordingly,

24
25
26

IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel Video Evidence (ECF No.
34) is denied, without prejudice.
DATED this 7th day of February, 2017.

27
28

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge