Rivera, Nataneal v. Jimenez, George, et al

Filing 31

ORDER denying 25 Motion for order directing defendants to allow plaintiff to view Exhibit 101 as unnecessary. Signed by District Judge Barbara B. Crabb on 8/22/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NATANAEL RIVERA,
ORDER
Plaintiff,
12-cv-476-bbc
v.
GEORGE J. JIMENEZ,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Natanael Rivera is proceeding on claims that defendant George
Jimenez violated his Eighth Amendment rights by forcing him to walk naked in front of
other prisoners and used excessive force on plaintiff by “kneeing” him repeatedly and pulling
on his restraints. Now before the court is an untitled motion in which plaintiff asks the
court “to order defendants and code workers to provide exhibit 101 for viewing.” Dkt. #25.
Exhibit 101 is a DVD that defendant filed with his motion for summary judgment. Dkt.
#23. According to defendant, it is a video recording of some of the events relevant to this
case. Dkt. #22.
I am denying plaintiff’s motion because he does not allege that defendant has denied
any request to view the DVD. In fact, defendant says in his response that plaintiff is free
to view the recording by submitting a request to the corrections program supervisor at
plaintiff’s prison. Dkt.##27-28. If plaintiff is unable to get permission to view the video
after following the instructions defendant provided, plaintiff may renew his motion at that
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time.

ORDER
IT IS ORDERED that plaintiff Natanael Rivera’s motion for an order directing
defendant George Jimenez to allow plaintiff to view exhibit 101, dkt. #25, is DENIED as
unnecessary.
Entered this 22d day of August, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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