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Drake v. White

March 24, 2009

DEAN DRAKE, PLAINTIFF,
v.
MIKE WHITE, ET AL., DEFENDANT.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Introduction

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the original complaint filed October 14, 2005. Plaintiff alleges that defendants White and Whitehead used excessive force against him. Pending before the court is plaintiff's motion to compel discovery (Doc. #64), filed October 17, 2008. Defendants' filed an opposition (Doc. #65), on November 3, 2008, and plaintiff filed a reply (Doc. #66), on November 24, 2008.

Motion to Compel Discovery

A party may bring a motion to compel discovery when another party has failed to respond or respond adequately to a discovery request. Fed.R.Civ.P. 37(a)(3). A party may "obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense" but "for good cause, the court may order discovery of any matter relevant to the subject matter involved in the action." Fed.R.Civ.P. 26(b). As the moving party, plaintiff bears the burden of informing the court which discovery requests are the subject of his motion to compel and for each disputed response, why defendants' objections are not justified or why the response provided is deficient.

Plaintiff states that he sent twenty-five interrogatories to the defendants and nineteen requests for production of documents. By this motion, plaintiff seeks an order compelling discovery on ten of these items. In his motion, plaintiff lists the ten items he requests, though plaintiff does not indicate which are document requests and which are interrogatories. It also appears that plaintiff is requesting documents based on interrogatory requests. Plaintiff has not attached the interrogatories or document requests. However, in his reply to defendants' opposition, plaintiff has attached the defendants' responses to the interrogatory requests.*fn1 Reply at 5-15. Plaintiff does not specify why he needs any of these items and plaintiff has not explained his specific objections to each of defendants' answers. Plaintiff merely states that defendants are refusing to cooperate and these documents are vital for his case.

Plaintiff seeks a motion to compel the following ten items:

1. Defendants' personnel files.

2. Complaints filed against defendants in the past five years.

3. Any/all civil lawsuits/complaints filed against defendants in the past five years.

4. Investigative files concerning defendants.

5. Log book entries pertaining to plaintiff on the incident date.

6. Medical log book entries pertaining to plaintiff on ...


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