Goss v. Stirling et al

Filing 267

ORDER denying 266 MOTION to Amend/Correct. Signed by Magistrate Judge Shiva V. Hodges on 1/14/2021. (lbak)

1:18-cv-02124-BHH-SVH

Date Filed 01/14/21

Entry Number 267

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Darrell L. Goss,
Plaintiff,
vs.
Richard Cothran,
Defendant.

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C/A No.: 1:18-2124-BHH-SVH

ORDER

Darrell L. Goss (“Plaintiff”), proceeding pro se and in forma pauperis,
brings this action pursuant to 42 U.S.C. § 1983 alleging violation of his
Eighth Amendment rights against Richard Cothran (“Defendant”), Warden of
Turbeville Correctional Institution (“TCI”), in his individual capacity, for
failure to protect Plaintiff from inmate assaults and the threat of inmate
assaults due to increased gang violence. All pretrial proceedings in this case
were referred to the undersigned pursuant to the provisions of 28 U.S.C. §
636(b) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.).
This matter comes before the court on Plaintiff’s motion to
amend/correct the court’s January 5, 2021 order denying his motions to
compel and for sanctions. Plaintiff’s motion to amend/correct is denied for the
following reasons.

1:18-cv-02124-BHH-SVH

Date Filed 01/14/21

Entry Number 267

Page 2 of 2

First, Plaintiff’s objections to Defendant’s discovery production,
including responses to Plaintiff’s second request for production and
incomplete MINS reports, are premature. Plaintiff may file any objections he
has to perceived discovery deficiencies after receiving Defendant’s discovery
production on January 15, 2021.
Second, Plaintiff’s objection that the court did not address his
interrogatory requests is without merit. The court addressed the limited
objections made by Defendant to these requests. Plaintiff’s objection
concerning the court’s limiting of discovery to “gang activity” instead of
general “violence” is also without merit. Plaintiff’s present case is wholly
predicated on gang activity. 1
IT IS SO ORDERED.

January 14, 2021
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

To the extent that Plaintiff is requesting the court to send him copies of
materials he has previously submitted, Plaintiff’s request is denied. The court
will not provide copies to Plaintiff absent his purchase through the Clerk of
Court’s office.
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