Legg v. Rhodes et al

Filing 39

ORDER denying as moot 32 Motion to Compel. Signed by Magistrate Judge Shiva V Hodges on 9/21/2012.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Ronald L. Legg,
Plaintiff,
vs.
Chief Rhodes, Horry County Police;
Det. Neil Frebowitz, Horry County
Police,
Defendants.

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C/A No.: 4:12-811-RMG-SVH

ORDER

Plaintiff Ronald L. Legg (“Plaintiff”), proceeding pro se and in forma pauperis, is
a pretrial detainee incarcerated at the J. Reuben Long Detention Center and brings this
action against Horry County police officers and two public defenders pursuant to 42
U.S.C. § 1983. Before the court is Plaintiff’s Motion to Compel [Entry #32]. All pretrial
proceedings in this case were referred to the undersigned pursuant to the provisions of 28
U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(d) (D.S.C.).
Plaintiff’s motion to compel filed August 20, 2012, seeks to compel further
response from Defendants with regard to Plaintiff’s original and supplemental discovery
requests. [Entry #32]. Defendants contend that they have responded to Plaintiff’s original
requests with all responsive information or documentation in their possession, but note
that Plaintiff asks for items that do not exist, such as a chain of custody of items seized
from his home and a transcription of a digital recording. [Entry #37]. Additionally,
Defendants responded that they have never been served with supplemental discovery

requests. Plaintiff did not file a reply or otherwise dispute the allegations in Defendants’
response. Therefore, Plaintiff’s motion to compel [Entry #32] is denied as moot.
IT IS SO ORDERED.

September 21, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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