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Benitez v. Straley

September 2, 2008

HENRY BENITEZ, PLAINTIFF,
v.
CAROLA STRALEY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ronald L. Ellis, United States Magistrate Judge

OPINION & ORDER

Pro se plaintiff, Henry Benitez ("Benitez"), has brought this action pursuant to 42 U.S.C. § 1983 alleging retaliatory acts of the Defendants, and claiming numerous violations of his constitutional rights. In September 2007, Benitez filed a motion to compel discovery and sought sanctions against Defendants. This motion was denied on February 14, 2008. On April 13, 2008, Benitez again filed a motion to compel discovery and sanctions against Defendants. Benitez claims that Defendants are intentionally refusing to timely produce certain relevant discovery materials.

For the following reasons, IT IS HEREBY ORDERED THAT Benitez's motion to compel discovery is GRANTED, in part, and the following must be produced:

1) photographs of the area where the alleged incident at issue took place;

2) the "Inmate Injury Report" and photographs, scanned for better clarity;

3) the requested logbook pages and complaints; and

4) Department of Corrections directives, memorandum and written policy records concerning use of force by Green Haven guards against inmates from 1990 to 1998.

IT IS FURTHER ORDERED THAT Benitez's motion to compel discovery is DENIED, in part, pending a submission by Defendants of relevant affidavits by September 12, 2008, concerning the existence of

1) hearing tapes and transcripts; and

2) disciplinary proceedings against the named Defendants.

Benitez's request for sanctions is GRANTED, in part, and Defendants will produce the compelled discovery items at their own expense and will be prevented from presenting evidence in opposition to any dispositive motions Benitez may bring in which the hearing tapes or transcripts would be relevant.Benitez's request for sanctions is DENIED, in part, as pro se litigants are not entitled to awards of attorney's fees.

II. BACKGROUND

The background is set forth in the Court's February 2006 Report ...


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