Wilson v. Plummer et al

Filing 56

ORDER GRANTING IN PART AND DENYING IN PART PRO SE PLAINTIFFS MOTION TO COMPEL DISCOVERY (DOC. 53 ). Signed by Magistrate Judge Michael J Newman on 06/06/14. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY L. WILSON,
Plaintiff,

Case No.: 3:12-CV-337

vs.
PHIL PLUMMER, et al.,

District Judge Timothy S. Black
Magistrate Judge Michael J. Newman

Defendants.
ORDER GRANTING IN PART AND DENYING IN PART PRO SE
PLAINTIFF’S MOTION TO COMPEL DISCOVERY (DOC. 53)
On June 5, 2014, the Court held a telephone hearing with pro se Plaintiff and counsel for
Defendants to hear oral argument concerning Plaintiff’s motion to compel discovery (doc. 53).
Having reviewed and liberally construed the motion and attached documents in Plaintiff’s favor,
and also having considered Defendants’ memorandum in opposition (doc. 55), the Court -- with
respect to the documents at issue -- finds as follows:
1. Inmate Video Handbook -- Defendants advise this was produced in DVD format
in May 2014. Defendants have agreed to review whether it can also be produced in the CDROM format as Plaintiff requests;
2. Color photographs of Montgomery Country Jail employees -- Defendants are now
compiling the photographs. They will produce the photos to Plaintiff upon his release from the
London Correctional Institution in late June 2014. The Court agrees that, due to Defendants’
legitimate security concerns, the photographs need not be produced now, and can be produced at
that time. The Court confirms its prior Order to Plaintiff -- directing him to advise the Court of
his new address and telephone number within 14 days of his release from LCI. See doc. 52;
3. Jail Manual -- Defendants advise the Court they have produced the entire Manual,

except for the sections concerning MCJ security procedures. The Court finds such disclosure
reasonable given the security concerns inherent in jail operations;
4. Legal materials purchased for the MCJ -- Defendants shall compile a list of such
legal materials and provide the list to Plaintiff for his review. If, for some reason, the materials
no longer exist in the MCJ, or Defendants cannot recall which materials were purchased, they
shall so advise Plaintiff;
5. Copies of Plaintiff’s grievances and/or kites -- Defendants have already produced
copies of Plaintiff’s written grievances. Defendants shall produce all grievances and kites in any
and all formats; and
6. Investigatory materials reflecting Defendants’ investigation of Plaintiff’s kites and
grievances -- Defendants shall look for such materials and produce them if they are in their
possession and/or control. Given the confidential nature of such documents, they shall be
produced subject to a Protective Order.

A draft Protective Order may be emailed to the

undersigned’s chambers ([e-mail]) for the Court’s review.
The motion is thus GRANTED IN PART AND DENIED IN PART. No costs are
awarded to either side. Production, pursuant to this Order, shall occur promptly.
IT IS SO ORDERED.
June 6, 2014

s/ Michael J. Newman
United States Magistrate Judge