Rosa-Diaz v. Harry et al

Filing 78

ORDER re 77 MOTION to Compel Discovery filed by Gabriel Rosa-Diaz - IT ISORDERED that the defendants respond to this motion on or before August 7, 2019. Signed by Magistrate Judge Martin C. Carlson on July 24, 2019. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GABRIEL ROSA-DIAZ,

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Plaintiff,
v.
LAUREL HARRY, et al.,
Defendants.

Civil No. 1:17-CV-2215
(Judge Rambo)

(Magistrate Judge Carlson)

MEMORANDUM ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
This case comes before us for consideration of a motion to compel,(Doc. 77),
filed by the plaintiff. This is a pro se state prisoner civil rights lawsuit. One of the
surviving claims in this case is an Eighth Amendment conditions of confinement
claim brought by Rosa-Diaz who alleges that in March and April of 2017, while he
was a state prisoner housed at the State Correctional Institution (SCI) Camp Hill, he
was housed in a cell where “there were human feces inside the air conditioner and
exhaust ventilations [in his new cell]; . . . the plumbing for the hot water did not
work and plaintiff did not had [sic] access to hot water; . . . the exhaust air ventilation
was broken and inoperative and; . . . the cell smelled of urine and feces.” (Doc. 121, ¶ 36.)
On December 4, 2018, we entered an order which stated, in part, that: “The
defendants are directed to notify Rosa-Diaz if any prison records or videos reveal
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that inmate Eric Maple complained about the condition of the cell formerly occupied
by Rosa-Diaz shortly after Rosa-Diaz vacated that cell in the spring and summer of
2017.” The plaintiff has now filed a motion to compel,(Doc. 77), which alleges that
the defendants have not complied with this discovery obligation. Since all parties
have previously identified Maple as a potential witness in this matter, and Maple has
been deposed in this case, it is unclear what further discovery pertaining to Maple
remains unaddressed. Nonetheless, in order to timely resolve this question, IT IS
ORDERED that the defendants respond to this motion on or before August 7, 2019.
So ordered this 24th day of July 2019.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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