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DENNIS J. ESCOBAR, Plaintiff, v. JAMES CROSBY, ET AL., Defendants.

ORDER ON PENDING MOTIONS AND INSTRUCTIONS TO THE CLERK

P.A. WHITE, Magistrate Judge

This Cause is before the Court upon the plaintiff's production request (DE# 35) and motion to compel (DE# 40), which appear on the docket as pending motions.

Upon Consideration, and review of the record, it is thereupon

ORDERED AND ADJUDGED, as follows:

1. The clerk is instructed to modify the docket to reflect that the Request (DE# 35) is not a pending motion. This is not a motion to compel. Rather it is a request for production, which under the Local Rules was to be served upon the defendants through their attorney of record, but not filed with the Clerk.

2. Plaintiff's motion (DE# 40), dated September 6, and filed with the Clerk on September 15, 2004, which is captioned as a motion for continuance relating to discovery, is denied. All motions relating to discovery were due to be filed on or before August 5, 2004 (see Order, DE# 34, ¶ 1). Moreover, as to Request No. 1, plaintiff's medical records were produced [see Defendants' Response, DE# 41]; as to Request No. 2, use of force reports are irrelevant to asbestos exposure which is the subject matter of this lawsuit; and as to request No. 3, requesting copies of § 1983 complaints by other inmates or jail employees could would disclose if such individuals filed asbestos-related civil rights claims, but would not necessarily establish the existence of official policy condoning exposure of individuals to unsafe levels of asbestos at the Pretrial Detention Center.

DONE AND ORDERED.

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ESCOBAR v. CROSBY
(Mar 2, 2005)