Opinion
5:23-cv-00009-MTT-CHW
10-06-2023
DELLWAYNE PRICE, Plaintiff, v. C COLLIER, Defendant.
Proceedings Under 42 U.S.C. § 1983 Before the U.S. Magistrate Judge
REPORT & RECOMMENDATION
Charles H. Weigle, United States Magistrate Judge
Pending before the Court are two motions (Docs. 29, 31) from pro se Plaintiff Dellwayne Price, both entitled “Order to Show Cause for a Preliminary Injunction and a Temporary Restraining [Order].” Both filings seek the preservation and production of a video from November 1, 2022, and ask that defendant follow discovery rules or otherwise refrain from violating Plaintiff's rights.
Plaintiff made a similar request when he filed his complaint. (Doc. 1-2). As the recommendation to deny that motion explained, Plaintiff's request did not address any of the factors necessary to show he is entitled to injunctive relief and was best read as a discovery request. (Doc. 7, p. 6-7). Plaintiff's present filings do not cure these deficients. Moreover, any discovery request for video evidence is premature because discovery is stayed except for matters related to exhaustion. (Doc. 26).
Based on the foregoing, Plaintiff's requests for orders to show cause for a preliminary injunction and temporary restraining order (Docs. 29, 31) are construed as premature motions for discovery and are DENIED.
SO ORDERED