Gomez v. Graham et al

Filing 75

DECISION AND ORDER: ORDERED, that with respect to any of the requests that are granted as described herein, defendants shall produce the requested documents or information within twenty-one days from the date of this order. ORDERED, that except as to the extent indicated above, plaintiff's 65 Motion to compel discovery is DENIED. ORDERED, that no costs or attorney's fees are awarded to any party in connection with plaintiff's motion. ORDERED, that the parties are hereby adv ised that an appeal of this order may be taken to District Judge David N. Hurd. Any such appeal must be filed within fourteen days from the date of service of this order. Signed by Magistrate Judge David E. Peebles on 10/16/15. (served on plaintiff by regular mail)(alh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

SANTIAGO GOMEZ,
Plaintiff,

Civil Action No.
9:14-CV-0201 (DNH/DEP)

v.
HAROLD D. GRAHAM, et al.,
Defendants.

APPEARANCES:
FOR PLAINTIFF:
SANTIAGO GOMEZ, Pro Se
13-A-2110
Franklin Correctional Facility
P.O. Box 10
Malone, NY 12953
FOR DEFENDANTS:
HON. ERIC T. SCHNEIDERMAN
New York State Attorney General
615 Erie Blvd. West, Suite 102
Syracuse, NY 13204
DAVID E. PEEBLES
U.S. MAGISTRATE JUDGE

KEVIN HAYDEN, ESQ.
Assistant Attorney General

DECISION AND ORDER
Currently pending before the court in connection with this matter is a
motion brought pro se plaintiff Santiago Gomez to compel discovery. Dkt.
No. 65. In his motion, plaintiff seeks an order compelling defendants to
respond to demands included within his second, third, and fourth requests
for the production of documents ("RFP").
Oral argument was conducted in connection with plaintiff's motion
during a telephone conference, held on the record on October 13, 2015.
During the course of that conference various rulings were made regarding
plaintiff's demands. Based upon the written and oral presentations of the
parties, and the court's bench decision, which is incorporated herein by
reference, it is hereby
ORDERED as follows:
(1)

With respect to RFP No. 2 ¶ 13, defendants are directed to

produce all sick call slips submitted by the plaintiff between June 3, 2013
and October 16, 2014, inclusive, to the extent that they still exist within the
possession, custody or control of the defendants.
(2)

With respect to RFP No. 2 ¶¶ 20 and 21, defendants are

directed to produce to the court, for in camera inspection, all documents
related to substantiated claims of excessive force or mistreatment of
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inmates that resulted in disciplinary action committed by any of the
defendants in this action.
(3)

With regard to RFP No. 2 ¶ 23, defendants' counsel is directed

to produce to the court, for in camera inspection, a statement regarding
any felony or misdemeanor convictions for any of the defendants, together
with pertinent information concerning any such conviction.
(4)

With regard to RFP No. 2 ¶ 26, as discussed, defendant is

directed to produce any written policies or procedures related to the
delivery of beverages for lunch and dinner to inmates, including those in
keeplock, confined in C- Block and A-Block at the Auburn Correctional
Facility.
(5)

With regard to RFP No. 2 ¶ 38, defendants are directed to

produce any written policy document related to approved style of corn-row
braids and, to the extent that any exist, photographs illustrating such
approved style of corn-row braids.
(6)

With regard to RFP No. 2 ¶ 41, defendants are directed to

preserve, to the extent that they currently exist, cassette recordings of any
disciplinary hearings of the plaintiff conducted at the Auburn Correctional
Facility and the Adirondack Correctional Facility.

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(7)

With respect to RFP No. 2 ¶ 42, defendants are directed to

produce any written procedures or procedures existing at the Auburn
Correctional Facility for issuing toilet tissue to inmates.
(8)

With regard to RFP No. 3 ¶ 8, defendants are directed to

produce the requested log book pages for the full days of May 3 and May
4, 2014.
(9)

With regard to RFP No. 4 ¶ 9, defendants are directed to

produce the requested log book for the full day of May 3, 2014.
(10) With respect to any of the foregoing requests that were
granted, defendants shall produce the requested documents or
information within twenty-one days from the date of this order.
(11) Except as to the extent indicated above, plaintiff's motion to
compel discovery is DENIED.
(12) No costs or attorney's fees are awarded to any party in
connection with plaintiff's motion.

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(13) The parties are hereby advised that an appeal of this order
may be taken to District Judge David N. Hurd. Any such appeal must be
filed within fourteen days from the date of service of this order.

Dated:

October 16, 2015
Syracuse, NY

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