Opinion
09-cv-16-bbc.
August 13, 2009
ORDER
In this case, plaintiff Michael Muehl is proceeding on his claims that defendants Schrubbe, Slinger, Reitz and Jennings failed to provide him appropriate care for a MRSA infection and that defendants Reitz, Waltz and Schrubbe failed to provide him appropriate care for his wounds after he cut himself. Now plaintiff has filed a motion to compel defendants to respond to his third request for production of documents.
In that request, plaintiff asks for a copy of the pass he was issued from the health services unit for daily showers and daily dressing changes from October 23 though October 30, 2007. Defendants responded that they found no documents responsive to this request. In his response to the motion to compel, defendants' counsel has submitted an affidavit stating that staff assured her again that they could not find any such document in plaintiff's records. If the document does not exist, defendants cannot produce it. Therefore, plaintiff's motion to compel will be denied.
ORDER
IT IS ORDERED that plaintiff's motion to compel defendants to respond to his third request for production of documents, dkt. #49, is DENIED.