Meeks v. Schofield et al

Filing 311

ORDER: Plaintiff's Motion for release of discovery evidence 176 is DENIED, without prejudice to Plaintiff's right to seek relief in his unrelated action, Case No. 1:07-0013. Signed by Magistrate Judge John S. Bryant on 10/1/13. (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
DANNY RAY MEEKS,
Plaintiff
v.
TENNESSEE DEPARTMENT OF
CORRECTION, et al.,
Defendants

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No. 3:12-0545
Judge Trauger/Bryant
Jury Demand

O R D E R
Plaintiff has filed his motion for release of discovery
evidence seized by Defendants (Docket Entry No. 176). Defendants
have filed a response in opposition (Docket Entry No. 190).
Plaintiff in his motion alleges that during the course of
discovery in an unrelated action that Plaintiff has filed in this
district he obtained a copy of the Americans With Disabilities Act
Compliance Guide (“ADA/CG”). According to Plaintiff, Defendant
Julia Campbell seized Plaintiff’s copy of the ADA/CG during a
planned search of Plaintiff’s cell. Plaintiff here seeks an order
directing Defendants to return to Plaintiff the subject ADA/CG.
As authority for his motion, Plaintiff cites Rules 34 and
72 of the Federal Rules of Civil Procedure. However, the record in
this action fails to show that Plaintiff has complied with Rule 34
or Rule 37 with respect to the ADA/CG. Specifically, Plaintiff
fails to allege that he has served a request for production of the
ADA/CG in this action, or that he has filed a motion to compel
production pursuant to Rule 37(a).

For the foregoing reasons, Plaintiff’s motion for release
of discovery evidence (Docket Entry No. 176) is DENIED, without
prejudice to Plaintiff’s right to seek relief in his unrelated
action, Case No. 1:07-0013.
It is so ORDERED.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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