Rose v. Young

Filing 91

ORDER holding that, as Plaintiff has failed to provide information or identify any witness in accordance with the discovery process, he is hereby "not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at trial" unless he can meet the standard provided in Rule 37 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Paige J. Gossett on 12/20/2018. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Reginald Rose,

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Plaintiff,
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vs.
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Lisa Young,
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Defendant.
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_____________________________________ )

C/A No. 0:17-2921-RBH-PJG

ORDER

The self-represented plaintiff has filed this action seeking relief pursuant to 42 U.S.C. § 1983.
Plaintiff, an inmate with the South Carolina Department of Corrections, alleges violations of his
constitutional rights by the named defendant. After a protracted series of motions in which the
defendant sought and the court repeatedly ordered Plaintiff to respond to the defendant’s discovery
requests, Plaintiff indicates in his response filed December 10, 2018 (ECF No. 90) that he has no
witnesses and possesses no documents responsive to the defendants’ requests. Accordingly, pursuant
to Federal Rule of Civil Procedure 37(c)(1), as Plaintiff has failed to provide information or identify
any witness in accordance with the discovery process, he is hereby “not allowed to use that
information or witness to supply evidence on a motion, at a hearing, or at trial” unless he can meet
the standard provided in Rule 37.
IT IS SO ORDERED.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
December 20, 2018
Columbia, South Carolina

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