Danny Eugene Moulds v. Stephen Bullard

345 F. App'x 387
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 17, 2009
Docket08-10706
StatusUnpublished
Cited by30 cases

This text of 345 F. App'x 387 (Danny Eugene Moulds v. Stephen Bullard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Danny Eugene Moulds v. Stephen Bullard, 345 F. App'x 387 (11th Cir. 2009).

Opinion

PER CURIAM:

Danny Eugene Moulds, an Alabama state prisoner proceeding pro se, appeals the dismissal of his claims against various John Doe correctional officers at the Donaldson Correctional Facility (“Donaldson”) and the grant of summary judgment to Warden Stephen Bullard, Prison Commissioner Donal Campbell, Correctional Officer Alphonso Barber, Correctional Officer John Arthur, Sergeant Ronald Carter, Correctional Officer Trenton Eads, and Captain Jimmy Richburg, in his civil rights action brought pursuant to 42 U.S.C. § 1983. Moulds argues that: (1) the district court improperly denied his discovery requests; (2) dismissal of the claims against the unnamed defendants was improper; and (3) the record contained genuine issues of material fact on his constitutional claims sufficient to survive summary judgment. 1 After careful review, we affirm in part and reverse in part.

“We review a denial of discovery for abuse of discretion.” White v. Coca-Cola Co., 542 F.3d 848, 853 (11th Cir.2008). We also review for abuse of discretion a district court’s decision “[o]n motion or on its own, ... at any time, on just terms, [to] add or drop a party.” Fed.R.Civ.P. 21; Fritz v. Am. Home Shield Corp., 751 F.2d 1152, 1154 (11th Cir.1985). We review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party. Sierminski v. Transouth Fin. Corp., 216 F.3d 945, 949 (11th Cir.2000). Finally, it is worth noting that “[w]e read liberally briefs filed pro se.” Lorisme v. I.N.S., 129 F.3d 1441, 1444 n. 3 (11th Cir.1997).

1.

First, we are unpersuaded by Moulds’s claim that the district court improperly *390 denied his discovery requests. We recognize that u[p]ro se pleadings are ... [to] be liberally construed.” Boxer X v. Harris, 487 F.3d 1107, 1110 (11th Cir.2006) (quotations omitted). But pro se litigants still must follow time requirements. See Garvey v. Vaughn, 993 F.2d 776, 780 (11th Cir.1993). “Liberal construction does not mean liberal deadlines.” Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th Cir.2001) (quotations omitted).

As Moulds concedes in his reply brief, all his discovery motions were untimely. His first request was denied as premature since it was filed before the discovery schedule was issued. That schedule required all discovery requests to be filed within 90 days of October 31, 2005, but Moulds did not file another discovery request until March 2006. Nor has Moulds offered any reason for his failure to file his discovery l’equests within the prescribed period. Accordingly, the district court did not abuse its discretion in denying his discovery requests as untimely.

2.

We also reject Moulds’s suggestion that the dismissal of claims against the unnamed defendants was improper. Plaintiffs, particularly when acting pro se, may sue “John Doe” defendants under certain circumstances. See Dean v. Barber, 951 F.2d 1210, 1215-16 (11th Cir.1992). “There may be times when ... the plaintiff is unwilling or unable to use a party’s real name. Also, one may be able to describe an individual ... without stating his name precisely or correctly.” Id. (quotations and footnote omitted). In Dean, we held that the district court should not have used the supposed invalidity of fictitious-party practice to refuse to join an unnamed defendant, as Dean had provided a job title that, while incorrect, seemed to correspond to a particular position at the jail; requested but not yet received a report allowing him to name the defendant; and provided a “description [that] was sufficiently clear to allow service of process” on the defendant. Id.

Here, Moulds implicated a number of John Doe corrections officers in his amended complaint. He completely failed to describe some of those officers. He gave general descriptions of others, such as by indicating the duty stations to which they were assigned, but nothing in the record suggests those officers’ identities and Moulds did not timely request any discovery that would have allowed him to learn their names and serve process on them. Thus, although the district court overstated the law by concluding that fictitious-party practice is unauthorized in this Circuit, its dismissal of the John Doe officers from the suit was not an abuse of discretion.

3.

Lastly, we conclude that the record fails to contain genuine issues of material fact on all of Moulds’s constitutional claims, except for one—his due process claim relating to the denial of witnesses. Summary judgment will be granted if “there is no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Sierminski, 216 F.3d at 949. “An issue of fact is ‘material’ if it is a legal element of the claim under the applicable substantive law which might affect the outcome of the case. ‘It is “genuine” if the record taken as a whole could lead a rational trier of fact to find for the nonmoving party.’” Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

*391 The moving party bears the initial burden of identifying the portions of the pleadings and evidence that the party believes to demonstrate the absence of any genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once the moving party has properly supported the motion, the burden shifts to the non-moving party to come forward with specific facts showing that a genuine issue for trial exists. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “The mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Anderson, 477 U.S. at 252, 106 S.Ct. 2505. Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348.

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345 F. App'x 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danny-eugene-moulds-v-stephen-bullard-ca11-2009.