Williams v. Payne

Full title: ROOSEVELT WILLIAMS, Plaintiff, v. MAJOR GEORGE PAYNE, et al., Defendants

Court: United States District Court, N.D. Indiana, South Bend Division

Date published: Jul 11, 2005

Cause No. 3:00-CV-0268 RM (N.D. Ind. Jul. 11, 2005)

Opinion

Cause No. 3:00-CV-0268 RM.

July 11, 2005

OPINION AND ORDER

CHRISTOPHER A. NUECHTERLEIN, Magistrate Judge

Defendants Payne, Pickens, Links, Watts, Ricket, and Smith prevailed at trial, but the court entered a default jugdment against defendant Stuart Hunter in the amount of $750.00. Plaintiff Roosevelt Williams has attempted to obtain Mr. Hunter's address in order to collect the judgment against him. At the plaintiff's request, the court ordered that a third party subpoena be issued to the Commissioner of the Indiana Department of Correction asking the Commissioner to "provide the current work address of Stuart Hunter if he is still employed by the Indiana Department of Correction or the last known home address for Stuart Hunter if he is no longer employed by the Indiana Department of Correction." This matter is before the court on the plaintiff's motions for the court to hold the defendants in contempt, his praecipe to affect service of subpoenas, and his motion for a hearing. The record does not establish that the Commissioner has responded to the third party subpoena.

The court DENIES the plaintiff's motions to hold the defendants in contempt for failure to provide the requested information (dockets ##100 and 105) because the request for information was not directed at them — it was directed to the Commissioner of the Indiana Department of Correction. The Court, however, sua sponte ORDERS the Commissioner of the Indiana Department of Correction to provide the information requested — the current work address of Stuart Hunter if he is still employed by the Indiana Department of Correction or the last known home address for Stuart Hunter if he is no longer employed by the Indiana Department of Correction — by August 8, 2005, or show cause why he should not be held in contempt. The court DENIES the plaintiff's motion for the issuance of subpoenas (docket #101) as unnecessary, and DENIES his request for a hearing (docket #102) as premature. The court DIRECTS the clerk's office to send a copy of this order to Deputy Attorney General Thomas Quigley and DIRECTS the clerk to send Mr. Quigley a copy of the third party subpoena.

SO ORDERED.