United States District Court, W.D. Arkansas, Texarkana Division
BARRY A. BRYANT, Magistrate Judge.
Pending before me are the following motions: (1) a motion to dismiss filed by the Defendants (ECF No. 21); (2) a motion for hearing filed by the Plaintiff (ECF No. 23); (3) a motion to supplement the complaint filed by Plaintiff (ECF No. 24); (4) a motion for issuance of subpoenas filed by the Plaintiff (ECF No. 25); and (5) a motion for appointment of counsel filed by the Plaintiff (ECF No. 26).
Motion to Dismiss (ECF No. 21)
Defendants move for dismissal on the basis that the Plaintiff failed to keep the Court and Defendants apprised of his current address. The motion (ECF No. 21) is DENIED. Plaintiff has since submitted a change of address.
Motion for Hearing (ECF NO. 23)
Plaintiff asks that this case be scheduled for trial. The motion (ECF No. 23) is GRANTED IN PART and DENIED IN PART. A scheduling order will be issued.
Motion to Supplement (ECF No. 24)
In this motion, Plaintiff asks to supplement the complaint. He indicates that since he filed the complaint in this case he has been retaliated against. The motion (ECF No. 24) is DENIED. As this claim arose after the complaint was filed, Plaintiff could not have exhausted his administrative remedies as to the retaliation claim. Plaintiff is advised that he should first exhaust his administrative remedies and then he may file a case regarding his retaliation claim. The Clerk is directed to send the Plaintiff a § 1983 complaint form.
Motion to Subpoena Documents (ECF No. 25)
Plaintiff asks the Court to subpoena documents from the Miller County Detention Center, Sysco Foods, and Tyson Foods, related to the food provided at the detention center in the year 2013. The Court does not need to issue a subpoena for documents from the Miller County Detention Center. Instead, Plaintiff merely has to ask the Defendants' counsel to produce these documents.
Defendants are directed to treat the motion as a request for the production of documents. Defendants are directed to provide the Plaintiff, within thirty days of the day this order is entered, all documents related to the purchase of food items for inmate consumption, copies of any product labels they may have setting forth ingredients of the food products, and any menus used during the year 2013. Once Plaintiff receives these documents, if he believes it is still necessary to obtain documents from Sysco Foods and Tyson Foods, he may file another motion for the issuance of subpoenas.
Plaintiff also asks the Court to subpoena video footage from the Defendants for the date August 15, 2014, from 6:15 p.m. to 8:15 p.m. This footage is related to Plaintiff's claims of retaliation. The Plaintiff has not been given permission to add those claims to this case. However, as Defendants are now aware that Plaintiff will be bringing a claim regarding this incident, they should take whatever action is necessary to preserve this video.
As set forth above, the motion (ECF No. 25) is GRANTED IN PART ...