Opinion
CIVIL ACTION NO. 1:09CV114.
October 5, 2010
ORDER/OPINION
On September 30, 2010, Plaintiff, pro se, Roy Horton ("Horton") filed a Motion to Compel Discovery [Docket Entry 108]. That same date, Defendant, Lieutenant Wesley Dobbs ("Dobbs"), through counsel, filed a Response to the Motion [Docket Entry 109]. In his Motion, Horton asserts that neither Defendant Dobbs nor Defendant George Trent ("Trent") served any responses to Horton's Request for the Production of Documents. Trent has not filed any Response to the Motion to Compel, nor is one yet due.
In their Response to the Motion to Compel, Keith Hoover and Wendy Greve, counsel for Dobbs, represent to the Court that on or about July 26, 2010, they received two copies of "Request for Production of Documents" from Horton directed to Defendant Trent. Counsel attached as Exhibit One, two copies of "Request for Production of Documents" that are identical. Each is directed to Defendant Trent, and the requests are consistent with requests that would be directed to Trent, in his position as a jail administrator, but not with Dobbs' position as a County law enforcement officer.
Upon review of the docket for this matter, the Court notes that Horton had filed his actual discovery requests with the Court. The clerk properly filed only the Certificate of Service for the discovery and placed the actual requests in the paper file. That Certificate of Service [Docket Entry 59] alleges service only on Dobbs. Further, upon review of the actual file, the only requests for production of documents contained in the file are for Dobbs. The Court therefore simply has no evidence that Trent was ever served with the requests for production.
Attorney Hoover represents to the Court, in his Response signed pursuant to Rule 11 of the Federal Rules of Civil Procedure, that he received only requests for production directed at Trent, and not his own client, Dobbs. He represents to the Court that he believes the requests directed to Trent and the requests directed to Dobbs were mistakenly served on the wrong parties. In a letter written to the clerk by Horton, he advises that attorney Gamble, counsel for Trent, had informed him he did not receive the requests for his client Trent. The Court notes that the Certificate of Service filed with the Court mistakenly identifies attorney Hoover as counsel for both Dobbs and Trent.
Because the Court cannot be absolutely certain which discovery requests were actually served upon which defendant, the Court DENIES Horton's Motion to Compel [Docket Entry 108] without prejudice.
In its discretion and in an effort to more efficiently move this matter toward resolution by trial or otherwise, the Court has attached to this Order the Requests for Production of Documents which appear to be directed toward Defendant Dobbs and Defendant Trent, respectively. The Court directs counsel for each of these defendants to serve their responses to the appropriate requests, as if they had been served on the date of entry of this Order.
Any Motion to Compel shall be filed within 30 days of the date any such responses are due.
It is so ORDERED.
The Clerk of the Court is directed to send a copy of this Order to counsel of record, and to Roy Horton, Plaintiff pro se by Certified United States Mail.
DATED: October 5, 2010.
REQUEST FOR PRODUCTION OF DOCUMENTS
Now Comes, Roy Horton, pro-se, Plaintiff, and request the production of the below listed documents relevant to the litigation from Defendant Lt. Wesley Dobbs, Home Confinement Supervisor, Marion County Sheriff's Department, pursuant to Rule 34, Fed. Rule Civil P.
Copy of Arrest Report submitted to the Sheriff of Marion County, West Virginia prepared by Lt. Wesley Dobbs concerning the arrest of Roy Horton and imprisonment on August 5, 2008.
2). Copy of arrest Report submitted to the Sheriff of Marion County, West Virginia by the Marion County Deputy Sheriff that assisted Lt. Dobbs in arresting Roy Horton on August 5, 2008.
3). Copy of Report prepared by Lt. Wesley Dobbs for Roy Horton's case file as a Home Confinement participant stemming from information recieved by Lt. Wesley Dobbs on August 5, 2008, from confidential informant(s) or law enforcement officials in Fairmont, West Virginia.
4). Copy of Report prepared by Lt. Wesley Dobbs concerning Roy Horton's arrest on August 5, 2008, submitted to Marion County Magistrate Melissa P. Linger sentencing judge.
5). Copu of Correspondence, e-mail's, fax's, or electronic transmissions to or from the North Central Regional Jail concerning the use of the Commitment and Release Form to imprison Home Confinement participants in to or from the North Central Regional Jail.
6). Copy of policy, procedure, guidelines or directives on the use of a firearm during and in relation to an arrest.
7). Copy of all statements and/or reports by any person, including but not limited to state or federal law enforcement official's, concerning Roy Horton between May 5, 2008 thru December 31, 2010 relating to allegations in the ongoing litigation.
8). Copy of all electronic surveillance, photographs and/or audio sound recordings of Roy Horton between August 5, 2008 thru February 14, 2010.
9). Any investigative reports concerning Roy Horton relating to his arrest on August 5, 2008 and the ongoing litigation between September 1, 2009 and December 31, 2010.
10). Copy of all "Release of Fourth Amendment Rights" signed by all Home Confinement participants beginning on or before January 1, 2000 thru October 31, 2009.
11). A list of all Home Confinement participants Committed in to or Released from the North Central Regional Jail on the exclusive authority of the Commitment and Release Form signed by Lt. Wesley Dobbs beginning on January 1, 2005 and ending on December 31, 2008.
12). Copy of the Marion County Sheriff's dispatch transmission from Lt. Dobbs requesting assistance to meet him at 700 1/2 Gaston Ave., Fairmont, West Virginia, on August 5, 2008 to arrest a Home Confinement participant.
13). A list of all physical evidence seized from Roy Horton's residence, located at 700 1/2 Gaston Ave., Apt. # 2., Fairmont, West Virginia on August 5, 2008.
14). Copy of all Request For Orders or Warrants in Magistrate Court alleging Home Confinement violations signed by Lt. Wesley Dobbs beginning on January 1, 2005, and ending on December 31, 2008.
15). A copy of all rules and regulations promulgated by the Home Incarceration Office, excluding the Agreement to Coply with Rules promulgated by the Sheriff of Marion County, West Virginia. See Order of Home Incarceration Rule #5.
16). Copy of Jail Release Order Case # 08-M-289, 669, July 31, 2008, signed by Marion County Magistrate Peggy Twyman.
17). Copy of Insurance policy for Lt. Wesley Dobbs and Office Benson as employee's of the Marion County Sheriff's Department.
18). Copy of policy, procedure, guideleines or directives, promulgated by the Sheriff of Marion County, West Virginia for Home Incarceration Supervisor's effecting arrest of Home Confinement participants.
REQUEST FOR PRODUCTION OF DOCUMENTS
Now Comes, Roy Horton, pro-se, Plaintiff, and Request The Production of the below listed documents, relevant to the litigation, currently in Defendant George Trents, Administrator's, possession, custody and/or control, at the North Central Regional Jail, pursuant to Rule 34, Fed. Rule Civil P.
1). Copy of contract between the North Central Regional Jail and PrimeCare Medical, INC., to provide medical care/treatment to prisoners imprisoned or incarcerated in the North Central Regional Jail.
2). Copy of Medical Records of any and all medical request and treatment provided, Roy Horton, between August 5, 2008, thru December 4, 2008, including but not limited to intake screening and medical request submitted.
3). Copy of all Commitment and Release Forms signed by Officers in North Central West Virginia to imprison Home Confinement participants, in the North Central Regional Jail between January 1, 2006 thru December 31, 2010.
4). Copy of all Booking Summary Reports for all Home Confinement participants imprisoned in the North Central Regional Jail on authority of a Commitment and Release Form signed by an Officer in North Central West Virginia between January 1, 2006 thru December 31, 2010.
5). Copy of all correspondence to or from each respective sheriff or Home Confinement Supervisor's in North Central West Virginia concerning Commitment of Home Confinement participants in to the North Central Regional Jail on authority of the Commitment and Release Form signed by a officer beginning on or before January 1, 2000 and ending December 31, 2010.
6). Copy of all correspondence, e-mail's, electronic transmissions or fax's to or from the west Virginia Regional Jail and Correctional Facility Authority concerning Roy Horton's imprisonment in the North Central Regional Jail on the authority of the Commitment and Release Form signed by Lt. Wesley Dobbs between August 6, 2008 thru December 31, 2010.
7). Copy of written findings of Officer Boatwright when Defendant Trent assigned Officer Boatwright to investigate the September 4, 2008 Grievance concerning charges Roy Horton was imprisoned on and idenity of committing magistrate. See Handbook of Inmate Rules and Procedure p. 13., Grievance, paragraph #4.
8). Copy of policy and procedure implemented by the North Central Regional Jail Administration, to insure that No Person is imprisoned or incarcerated in the North Central Regional Jail without a lawful order of commitment issued by a judicial official.
9). Copy of all Grievances and appeals filed by Roy Horton and responses thereof between August 5, 2008 and December 31, 2008.
10). Copy of all statements and or any reports by any person, including but not limited to WV Regional Jail Staff at the North Central Regional Jail concerning Roy Horton on August 5, 2008 thru December 31, 2010 relating to the ongoing litigation.
11). Copy of any electronic surveillance and/or audio sound recordings of Roy Horton between August 5, 2008 thru February 14, 2010, relating to the ongoing litigation.
12). A complete copy of the Booking Summary Report for Roy Horton dated August 5, 2008, consiting of three (3) pages.
Exhibit