Entler v. Gonzalez et al

Filing 56

ORDER Denying 48 Motion for Production of Records and Granting 49 Motion to add Additional Authorities signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(John Entler, Prisoner ID: 964471)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOHN THOMAS ENTLER,
Plaintiff,

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v.
ROY GONZALEZ, et al.,

CASE NO. 3:17-cv-05407-RBL-JRC
ORDER DENYING MOTION FOR
PRODUCTION OF RECORDS AND
GRANTING MOTION TO ADD
ADDITIONAL AUTHORITIES

Defendants.

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This 42 U.S.C. § 1983 civil rights matter has been referred to Magistrate Judge J. Richard

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Creatura pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR

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1, MJR 3, and MJR 4.

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Plaintiff has filed a motion for production of records “for the court’s in cam[e]ra review.”

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Dkt. 48. He requests that the Court order defendants to produce prison records for inmates Keith

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Brian Colberg and Derrick Vargus — two individuals he included in his complaint — alleging

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that they threatened him. Id. However, pursuant to this Court’s pretrial scheduling order, the

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discovery period for this case ended on March 1, 2018. See Dkt. 14. As defendants properly note,

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ORDER DENYING MOTION FOR PRODUCTION OF
RECORDS AND GRANTING MOTION TO ADD
ADDITIONAL AUTHORITIES - 1

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plaintiff has made no demonstration that he attempted to obtain this information during the

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discovery period and has not explained the relevance or necessity of the documents.

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Because plaintiff has filed this request well outside the timeframe designated by the

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Court and because he has not shown cause to reopen discovery and compel defendants to

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produce additional evidence, the Court denies plaintiff’s motion for production of records. Dkt.

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48.

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Plaintiff has also filed a motion to add additional authorities. Dkt. 49. He seeks to bolster

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his initial response to defendants’ motion for summary judgment. Defendants argue that this

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document is in effect a surreply, which the local rules allow only when moving to strike

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materials from a reply, and since plaintiff does not move to strike any materials, his pleading is

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improper. LCR 7(g)(2). However, because pro se prisoners are given greater leeway to make

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relevant arguments to the Court and prisoners’ filings are held to a less stringent standard than

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those filed by attorneys (see Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (citing

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Erickson v. Pardus, 552, U.S. 89, 94 (2007)), the interests of justice dictate that the Court accept

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this additional authority. Therefore, the Court grants plaintiff’s motion to add additional

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authorities (Dkt. 49) and will examine those authorities in making a determination on

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defendants’ motion for summary judgment.

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Dated this 20th day of June, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DENYING MOTION FOR PRODUCTION OF
RECORDS AND GRANTING MOTION TO ADD
ADDITIONAL AUTHORITIES - 2