Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Carlisle v. Bauer

United States District Court, S.D. Ohio, Western Division

March 30, 2017

CHARLIE L. CARLISLE III, Plaintiff,
v.
WILLIAM BAUER, et al., Defendants.

          Litkovitz Magistrate Judge.

          OPINION & ORDER

          MICHAEL R. BARRET JUDGE.

         Plaintiff Charlie L. Carlisle, III, an inmate at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, brings this pro se civil rights action under 42 U.S.C. § 1983 against Defendants William Bauer, Michael Dillow, Jeremy Eaches, Dr. Fiasol Ahmed, and two “John Doe” defendants. This matter is before the Court on Plaintiff's objections (Doc. 27) to the Magistrate Judge's December 14, 2016 report (Doc. 26) recommending that Plaintiff's motion for summary judgment (Doc. 19) be denied. Defendants did not file a response to Plaintiff's objections.

         I. BACKGROUND

         The factual and procedural history of this case is described in the Magistrate Judge's R&R, and the same will not be repeated here except to the extent necessary to address Plaintiff's objections. A prisoner at SOCF, Plaintiff contends that he sustained injuries as described in the Magistrate Judge's R&R, and that Dr. Ahmed allegedly refused to provide medical treatment. (Doc. 26 at 1). In opposing Plaintiff's motion for summary judgment, Defendants argued that the Court may not consider Plaintiff's “unsworn statements when ruling on his summary judgment motion.” (Doc. 24 at 3) The Magistrate Judge agreed, and ultimately recommended that Plaintiff's motion for summary judgment be denied because he failed to “introduce[] affidavits or other evidence” in support of his motion. (Doc. 26 at 4).

         The Magistrate Judge also denied Plaintiff's “Request to Inspect and Copy, ” in which he sought a court order directing Defendants to allow him to inspect and copy video footage and produce other discovery material. (Doc. 26 at 5). The Magistrate Judge denied the request, advising Plaintiff that he “must serve his discovery requests on defendants rather than file them with the Court.” (Id.) (citing Fed R. Civ. P. 34(a)).

         Plaintiff timely filed the following objections, all of which refer to evidence that was not submitted to the Court as part of his summary judgment briefing:

(1) “After being extracted out of the J2 strip cage at 11:45 AM video is cut while being escorted into crossing over to the slammer/strong cell.”
(2) “Video does not show the white shirt and blue pants that Plaintiff was wearing during the extraction to crossover to the J2 strong cell #13.”
(3) “Video is missing 4 minutes and 14 seconds of unaccounted time.”
(4) “It takes approximated [sic] 46 seconds to and from the strip cage entering in/or out of J2-13.”
(5) “At 11:50 video show [sic] defendant Bauer, Lt. Jason Joseph Recording, Michael Crabtree, Vance Laswell, and R.N. Wiget standing by.”
(6) “Between the missing footage time of 4 minutes and 14 seconds, does not show Plaintiff entering into the J2-13 slammer cell.”
(7) “Video does not show by handheld recording device that Plaintiff attempted to bite defendant ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.