Farmer v. Parker et al

Filing 105

ORDER denying 104 Motion for Reconsider/Objection to Magistrate Order. The Magistrate Judge has ordered the Defendant to send the Plaintiff a copy of the transcript to see if the Plaintiff has any corrections to make to the transcript. The Plain tiff must return the transcript with any corrections to the Defendant. The Magistrate Judge will stand by his order in that the Defendant provide the Plaintiff a copy of the video tape of the incident without reimbursement. Signed by Magistrate Judge Joe Brown on 2/28/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KEITH LAMONT FARMER,

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Plaintiff
v.
CPL. CHRIS PARKER, et al.,
Defendants

Case No. 3:12-0489
Judge Trauger/Brown
Jury Demand

O R D E R
The Defendant Chris Parker has filed a motion entitled
“Defendant

Chris

Parker’s

Motion

to

Reconsider/Objection

to

Magistrate Order.”
As an initial matter this motion improperly combines two
things. If the Defendant wishes the Magistrate Judge to reconsider
his order, that is certainly proper.

If the Defendant wishes to

file an objection to a Magistrate Judge’s order, that is also
proper.

However, combining the two is not proper.

Once the

Magistrate Judge has ruled on a motion to reconsider then the
Defendant is free to file a request for review by the District
Judge in accordance with the local rules.
The

Magistrate

Judge

will

consider

the

request

for

reconsideration initially.

The Magistrate Judge has not ordered

the

the

Defendant

to

provide

Plaintiff

with

deposition transcript for the Plaintiff to keep.

a

copy

of

his

The Magistrate

Judge has ordered the Defendant to send the Plaintiff a copy of the
transcript to see if the Plaintiff has any corrections to make to

the transcript.

The Plaintiff must return the transcript with any

corrections to the Defendant.
rules

do

provide

certificate

that

regarding

The Defendant is correct that the

the
the

court

reporter

deposition

must

whether

note
a

in

the

review

was

requested, and if so, must attach any changes the deponent makes
during the 30-day period.
Nevertheless, this rule must be read with some latitude
for a pro se plaintiff. If the transcript shows that the Plaintiff
was advised of his right to make this request and he failed to do
so, then the Magistrate Judge will not direct the Defendant to send
the Plaintiff a copy for review.

If the transcript does not show

the Plaintiff was advised of this, then the Magistrate Judge’s
order, as stated above, stands. If the Plaintiff wishes a copy for
his personal use he will need to make necessary arrangements with
the court reporter.
Second, the Magistrate Judge will stand by his order in
that the Defendant provide the Plaintiff a copy of the video tape
of the incident without reimbursement.

Quite frankly, Defendant’s

counsel has spent more in objecting to this issue than the $22.25
he requests for a copy.

Normally, the cost of discovery is borne

by the producing party.

This is particularly true with a pro se

plaintiff who is incarcerated.
The Magistrate Judge is frankly surprised that video
equipment apparently used for surveillance office would be so hard

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to reproduce and of such poor quality.

The raising of objections

over this could lead the Magistrate Judge to believe that the
surveillance tape is detrimental to the Defendant’s position.
However,

the

Magistrate

Judge

is

sure

that

that

is

not

the

impression the Defendant wishes to leave.
Item C: This issue appears to be resolved since the
defense counsel says that he has provided to the Plaintiff a report
on

Defendant

Parker’s

use

of

force.

The

only

concern

the

Magistrate Judge has is the use of the language that the above
report

“is

possession”.

the

only

document

in

this

Defendant’s

attorney’s

The request would incorporate matters under the

possession or control of the Defendant Parker. To the extend there
are reports concerning this incident the Magistrate Judge expects
them to be provided to the Plaintiff.1
If the Defendant wishes to appeal this order they should
do so in accordance with the Court’s local rules for proceeding
before Magistrate Judges.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

1

The Magistrate Judge notes that throughout this pleading the
counsel for the Defendants has referred to the undersigned as
“Magistrate.” Since 1991 the title has been Magistrate Judge. Calling
a Magistrate Judge a Magistrate would be much like calling a Lieutenant
Colonel “Lieutenant” in the military. If the title is to be shortened
it should shortened to Judge.

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