Jackson v. Department of Corrections et al

Filing 21

ORDER signed by Judge Pamela Pepper on 7/18/2017 DENYING without prejudice 17 plaintiff's Motion to Compel. (cc: all counsel, via mail to Debradre Jackson at Racine Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
DEBRADRE D. JACKSON,
Plaintiff,
v.

Case No. 16-cv-1584-pp

ROBIN DIEBOLD, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER DENYING THE PLAINTIFF’S MOTION TO COMPEL
(DKT. NO. 17)
______________________________________________________________________________
The plaintiff filed a motion to compel the defendants to produce
photographs of prison common areas and unredacted versions of certain
documents. Dkt. No. 17. A party may file a motion to compel where another
party fails to respond to interrogatories or requests for production of
documents. See Fed. R. Civ. P. 37(a)(3)(B)(iii) and (iv). The movant “must
include a certification that the movant has in good faith conferred or attempted
to confer with the person or party failing to make disclosure or discovery in an
effort to obtain it without court action.” Fed. R. Civ. P. 37(a)(1).
In this case, the plaintiff does not indicate whether he attempted to
confer with the defendants before he filed his motion to compel. He also does
not attach any proof showing that he tried to resolve these issues with defense
counsel before filing the motion. Because the plaintiff did not comply with the
requirements of Rule 37, the plaintiff’s motion is premature. The court will
deny the motion to compel discovery without prejudice.
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The court advises the plaintiff that he should serve discovery requests
directly on the defendants. Fed. R. Civ. P. 5(d)(1). The plaintiff should not file
his discovery requests with the court. See id.; see also Dkt. No. 15.
The court DENIES WITHOUT PREJUDICE the plaintiff’s motion to
compel. Dkt. No. 17.
Dated in Milwaukee, Wisconsin this 18th day of July, 2017.
BY THE COURT:

________________________________________
HON. PAMELA PEPPER
United States District Judge

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