Givens v. Aaron et al

Filing 17

ORDER granting 15 Motion for Discovery; granting 16 Motion for Default Judgment. Signed by Chief Judge Frank D. Whitney on 04/23/2015. (Pro se litigant served by US Mail.)(jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-378-FDW
LEONARD A. GIVENS,

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Plaintiff,
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vs.
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DAVID AARON, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s “Motion for Discovery,”
(Doc. No. 15), and on his “Motion for Default Judgment,” (Doc. No. 16). In Plaintiff’s
underlying action, brought under 42 U.S.C. § 1983, Plaintiff contends that various correctional
officers, who were members of a Prison Emergency Response Team at Lanesboro Correctional
Institution, used excessive force against Plaintiff and sexually assaulted him during a search of
his cell on December 12, 2013. In the motions, Plaintiff asserts that officials at Lanesboro
Correctional Institution have not complied with this Court’s order dated March 10, 2015, in
which the Court found that Plaintiff is entitled to limited discovery of the names of the
correctional officers who entered Plaintiff’s cell to conduct the search on December 12, 2013.
Specifically, the Court stated in its order:
Finally, as to John Does 1 through 5, Plaintiff states that he has been unable to
determine the identity of these officers. Although the discovery period has not
commenced, this Court authorizes Plaintiff to submit a limited discovery request
to Defendants at this time, seeking the names of the PERT officers who
participated in the search of Plaintiff on December 12, 2013. See FED. R. CIV. P.
26(d) (stating that a court may authorize discovery before the Rule 26(f)
conference for the parties’ and witnesses’ convenience and in the interest of
justice). If Plaintiff submits such limited discovery request to Lanesboro
administrators, administrators shall respond to the request within 20 days of
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receiving the request. Once Plaintiff receives the names of the officers who
participated in the search, Plaintiff will then need to amend the Complaint to
provide the actual names of these officers. Plaintiff will also need to prepare the
summons forms for service on these five Defendants and submit the forms to the
Court. Plaintiff can later, during the regular discovery period, submit discovery
requests in order to identify the name of the John Doe Defendant who allegedly
perpetuated the sexual assault.
IT IS HEREBY ORDERED that Plaintiff’s “Motion for Discovery,” (Doc. No. 15), and
“Motion for Default Judgment,” (Doc. No. 16), are GRANTED to the extent that Lanesboro
Correctional Institution is ordered to comply with the Court’s prior order regarding limited
discovery. Officials shall comply with this Order within 20 days.
The Clerk of this Court is hereby instructed to mail this Order, and a copy of the Court’s
Order dated March 10, 2015, (Doc. No. 14), to Lanesboro Correctional Institution.
IT IS SO ORDERED.

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