Brennan v. Aston et al

Filing 99

ORDER denying Plaintiff's 51 Motion for Correction to Docket and denying Plaintiff's 52 Motion to Compel Witness Statements signed by Hon. James P. Donohue. (TH) (cc: Plaintiff via first class mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RONALD BRENNAN JR.,
Plaintiff,

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v.
ANTHONY ASTON, et al.,

Case No. C17-1928-JCC-JPD
ORDER DENYING MOTION FOR
CORRECTION TO DOCKET AND
MOTION TO COMPEL WITNESS
STATEMENTS

Defendants.

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This is a 42 U.S.C. § 1983 prisoner civil rights action. Currently before the Court are

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plaintiff’s motion for correction to docket, Dkt. 51, and motion to compel witness statements,

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Dkt. 52. Having considered the motions, the balance of the record, and the governing law, the

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Court finds and ORDERS:

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(1)

Plaintiff’s motion for correction to docket, Dkt. 51, is DENIED. Plaintiff asks the

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Court to change the caption in this action because Anthony Aston is no longer a defendant. The

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caption, however, remains the same throughout a case regardless of whether the first-named

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defendant is dismissed.

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(2)

Plaintiff’s motion to compel witness statements, Dkt. 52, is DENIED. Plaintiff

asks the Court to compel witness statements from 40 people and to grant plaintiff permission to
ORDER DENYING MOTION FOR
CORRECTION TO DOCKET AND
MOTION TO COMPEL WITNESS
STATEMENTS - 1

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communicate with other inmates. Plaintiff is responsible for issuing his own discovery requests;

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it is not the Court’s responsibility. Discovery requests should be sent directly to parties or

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witnesses and should not be filed with the Court. If a defendant or witness does not respond to

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plaintiff’s discovery requests, plaintiff must comply with the requirements of Western District of

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Washington Local Rule LCR 37 before filing a motion to compel. After defendants file an

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answer to the operative complaint, the Court will set a deadline for completing discovery. If

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plaintiff has difficulty conducting discovery due to rules regarding communication with other

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inmates, he should attempt to resolve this problem directly with counsel for defendants before

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seeking assistance from the Court.

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(3)

The Clerk is directed to send copies of this order to the parties and to the

Honorable John C. Coughenour.
Dated this 13th day of September, 2018.

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A

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JAMES P. DONOHUE
United States Magistrate Judge

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ORDER DENYING MOTION FOR
CORRECTION TO DOCKET AND
MOTION TO COMPEL WITNESS
STATEMENTS - 2