Whiteside v. White et al

Filing 37

ORDER: Defendant shall mail to the Clerk, within 10 days, a new copy of the video footage, previously submitted as exhibit 8 to the 29 pending summary judgment motion, with the relevant file containing the videotape footage clearly designated so the Court can easily identify the video on the DVD. Signed by Chief Judge Frank D. Whitney on 1/23/2018. (Pro se litigant served by US Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-288-FDW
GERALD WHITESIDE,

)
)
Plaintiff,
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vs.
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SUSAN WHITE,
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WILLIAM REED,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on its own motion.
Pro se Plaintiff Gerald Whiteside, a North Carolina prisoner incarcerated at Mountain View
Correctional Institution, filed this action on August 26, 2016, pursuant to 42 U.S.C. § 1983,
alleging excessive force against Defendant William Reed, a correctional officer at Mountain View
at all relevant times. Defendant’s summary judgment motion is pending. One of Defendant’s
exhibits is a DVD containing videotape footage related to the alleged excessive force incident in
this matter. See (Doc. No. 29-8). The Court has been unable to identify the relevant video clip on
the DVD, which contains numerous files, and the relevant video is not clearly designated.
Defendant shall therefore have ten days in which to mail to the Clerk a new copy of the
relevant video footage, previously submitted as one of Defendant’s exhibits to the pending
summary judgment motion, with the relevant file containing the videotape footage clearly
designated so the Court can easily identify the video on the DVD.1

1

The Court has previously corresponded informally with Defendant in an attempt to locate the
relevant file on the DVD, but the Court is still unable to locate the file, as it is one of numerous
1

IT IS SO ORDERED.

Signed: January 23, 2018

files currently on the DVD. Furthermore, the current DVD appears to be corrupt.
2