Leith v. Thompson et al
ORDER. The Court construes Plaintiff's Motion for temporary restraining order as a request for discovery before the lawsuit is pending pursuant to FRCP 27 and as an interrogatory under Rule 33 and as a request for production under Rule 34. Thi s Order shall be served on defendants contemporaneous with the service of the Summons and Complaint. Defendants shall advise the Court and the plaintiff whether a videotape recording of the alleged incident exists. If so, defendants shall produce t he videotape recording to the Court and to the plaintiff for his inspection and copying. A courtesy copy of this Order shall be mailed to Warden Bob Dooley and to the plaintiff. Notwithstanding this Order, Plaintiff remains responsible for establis hsing his in forma pauperis status or paying the filing fee immediately. If Plaintiff does not qualify for in forma pauperis status, then plaintiff must thereafter make arrangements for service of this lawsuit upon the defendants. Signed by Judge John E. Simko on 3/6/06. (DJP)
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