ALLISON CLAIRE, Magistrate Judge.
Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Pending before the court are: (1) plaintiff's motion for an order to produce inmate witnesses for trial (ECF No. 99); (2) plaintiff's motion for court order to be provided supplies (ECF No. 100); (3) another motion by plaintiff regarding supplies and asking for phone call access (ECF No. 102); and (4) plaintiff's motion to compel defendants' response to discovery requests (ECF No. 108). Defendants have opposed the latter motion. ECF Nos. 111, 112.
The court notes at the outset that plaintiff has a history of filing inadequately supported and repetitive requests for miscellaneous relief. He has been twice warned to discontinue such seriatim filings.
Plaintiff has filed a motion seeking the production of inmate witnesses for trial. ECF No. 99. This case has not been set for trial. The motion accordingly will be denied without prejudice as premature. Plaintiff has previously been informed of the procedures for obtaining voluntary and involuntary inmate witnesses at trial. Discovery and Scheduling Order, ECF No. 78. Plaintiff will be reminded of these procedures at the appropriate time should this matter proceed to trial.
Plaintiff requests that the court order prison officials to provide him with specific quantities and types of envelopes, paper, and pens on a weekly basis. He also asks that the defendants be directed to provide him with a free copy of his deposition. ECF No. 100. These requests will be denied. If plaintiff is denied the supplies to which he is entitled under prison regulations, his recourse lies in the first instance in the administrative appeals process. Moreover, plaintiff's voluminous filings in this court belie his claims of insufficient paper and pens. Finally, defendants are under no obligation to provide plaintiff with a copy of his deposition at their cost, and plaintiff cites no authority for such a proposition.
In this barely coherent filing, ECF No. 102, plaintiff begins by addressing his discovery efforts. Plaintiff "resubmits" to the court the interrogatories, requests for admission and requests for production which he evidently intends to be propounded upon defendants. Plaintiff complains that when these documents were previously submitted to the court, they were improperly returned to him. He appears to contend that his failure to complete discovery by the October 21, 2012 deadline was caused by the court's error.
As plaintiff has previously been instructed,
Plaintiff asks the court to order that he be provided with legal supplies and permitted to make "legal phone calls." He complains that a law library staff member is "sabotaging" his case. ECF No. 102 at 1-2. The request for supplies is denied for the same reasons as the previous such request. Plaintiff provides documentation of his written requests to prison staff regarding his law library complaints, with staff and supervisor responses.
Plaintiff's bare request for an order allowing him phone calls will also be denied. There is no basis for such relief.
Plaintiff moves for an order compelling responses to the interrogatories, requests for production and requests for admission that he has twice attempted to file with the court but never served on defendants as required by Fed. R. Civ. P. 33, 34 and 36. The motion to compel was filed on February 25, 2013 (ECF No. 108)
In support of his motion, plaintiff recites a litany of complaints about past transfers, interference with his legal work and personal property, conditions of confinement, and threats on his life. These matters were previously considered by the court in relation to the extension of the discovery deadline that was granted on September 4, 2012, after the initial deadline had already passed. ECF No. 98. Plaintiff also repeats his complaint that defendants refused to provide a copy of his deposition transcript free of charge. Because plaintiff is not entitled to a free copy of the transcript, this does not support the motion to compel. Plaintiff was provided an opportunity to review the transcript and make any corrections.
Plaintiff insists that his motion to compel is timely because he submitted his discovery requests prior to the discovery deadline of October 21, 2012. As previously noted, plaintiff submitted his discovery requests to the court, rather than serving them on defendants as the rules require, on or about October 19, 2012
Plaintiff relies on correspondence he received from counsel for defendants, which acknowledged his submission of discovery requests to the court. Plaintiff argues that this letter proves that defendants were served. The letter, however, states defendants' position that service was improper and that they would not respond. ECF No. 108 at 35. This letter was dated December 4, 2012. Defendants also objected to discovery on untimeliness grounds.
The court will not compel responses to discovery requests that were never properly served on defendants and were not timely propounded. Plaintiff was told in the Order filed September 4, 2012, which extended the discovery deadline to October 21, 2012, that this was his final opportunity to complete discovery. ECF No. 98 at 3-4 (although the previous deadline had expired and plaintiff had failed to propound any discovery in advance of the deadline, "the court will generously afford plaintiff a last opportunity to serve his discovery requests upon defendants. . .") Plaintiff did not even attempt to make his discovery requests until that final deadline was imminent. Even if the court to were to excuse plaintiff's improper attempt to serve discovery requests by filing them with the court, the fact remains that the requests were first submitted just a few days before the deadline and not sufficiently in advance to permit completion of discovery by the deadline. Plaintiff also failed to seek an extension of the deadline prior to its expiration, and did not seek relief from the deadline within a reasonable time thereafter. The arguably frivolous motions for production of trial witnesses and for writing supplies, ECF Nos. 99 &100, were filed on October 25, 2012, which demonstrates that plaintiff's access to the court was not impeded at the time the October 21 discovery deadline passed. The motion to compel was not filed until the following February.
While the court is mindful to "liberally construe the inartful pleading of pro se litigants,"
This court has been careful to advise plaintiff of the applicable rules so that he would not lose the opportunity to be heard due to ignorance of technical procedural requirements. However, the court will not repeatedly waive the rules on behalf of one party. This court granted relief once when plaintiff failed to timely seek discovery or an extension of the applicable deadline. It will not do so again.
Accordingly, IT IS ORDERED that:
1. Plaintiff's motion for a court order to produce inmate witnesses for trial (ECF No. 99) is denied without prejudice as premature;
2. Plaintiff's motion for a court order regarding supplies (ECF No. 100) is denied;
3. Plaintiff's motion for a court order regarding supplies and telephone calls (ECF No. 102) is denied;
4. Plaintiff's February 25, 2013motion to compel discovery is denied;
5. Pursuant to previous order of the court, ECF No. 110, dispositive motions shall be filed within 14 days.