Opinion
2:22-CV-00853-CRE
04-17-2023
DAVID WONTAE FITZGERALD, Plaintiff, v. RANDY RUSSELL, CAPTAIN BUTLER COUNTY PRISON; AND REISER, CORRECTIONAL OFFICER BUTLER COUNTY PRISON; Defendants,
MEMORANDUM ORDER
Cynthia Reed Eddy, United States Magistrate Judge.
On March 17, 2023, Plaintiff filed a Supplemental Motion for Additional Discovery. (ECF No. 39). Therein, Plaintiff asserts video footage of the incident was provided, but it “does not depict all relevant portions of the incident in question.” Id. at ¶¶2, 4. According to Plaintiff, it “does not depict the meal feed.” Id. at ¶6. In response, Defendants state that [a]ll video of the incident in question has been produced” and that while the video does not show the passing out of trays, “Plaintiff has received all of the materials” and “the video produced is the video that exists. There is nothing more that could be produced.” (ECF No. 41, ¶¶2, 4, 6-7). The Court has no reason to doubt counsel's assertion regarding the same. Therefore, Plaintiff's Motion (ECF No. 39) is denied to this extent.
Plaintiff further requests a copy of the “inmate grievance” he filed on the “kiosk machine.” Id. at ¶8. In response, Defendants state that all grievances have been produced but will “doublecheck” and, if such a document exists, it will be produced. (ECF No. 41, ¶8). Accordingly, Plaintiff's Motion (ECF No. 39) is granted to the extent that Defendants must double-check to see if such inmate grievance document exists and, if so, must provide the same to Plaintiff by 4/28/2023.