United States District Court, S.D. Ohio, Western Division
CHARLIE L. CARLISLE III, Plaintiff,
WILLIAM BAUER, et al., Defendants.
Litkovitz Magistrate Judge.
OPINION & ORDER
MICHAEL R. BARRET JUDGE.
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
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).
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)).
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
(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
(7) “Video does not show by handheld recording device
that Plaintiff attempted to bite defendant ...