JACKSON v. DEPUTY WARDEN REGINALD CLARK

• Court: District Court, M.D. Georgia
• Decided: February 28, 2025
• Docket: 5:23-cv-00333
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

JOHNNIE DEMOND JACKSON, : : Plaintiff, : : v. : Case No. 5:23-cv-333-TES-AGH : Deputy Warden REGINALD CLARK, : : Defendant. : : _________________________________

ORDER On January 7, 2025, the Court held a discovery conference in this matter.1 The Court permitted Plaintiff to file one motion to compel if he believed Defendant’s discovery responses were incomplete or unresponsive, and it reopened discovery for “the limited purpose of allowing Defendant time to provide discovery responses to Plaintiff’s discovery requests that Plaintiff served on Defendant in October 2024, including Plaintiff’s request for body cam footage from CERT Officer Havoir.” Order, Jan. 10, 2025, ECF No. 88. On February 11, 2025, Plaintiff filed a motion to compel seeking the production of the body cam footage from CERT Officer Havoir.2 Pl.’s Mot. to Compel 1, ECF No. 100.

1 The audio recording of the discovery conference is available on the Court’s FTR Gold recording system. If either party desires a transcript, they may contact the Clerk’s Office. 2 Although the Court received Plaintiff’s motion on February 24, 2025, he signed it on February 11, 2025. Pl.’s Mot. to Compel 3, ECF No. 100. “Under the prison mailbox rule, a pro se prisoner’s court filing is deemed filed on the date it is delivered to prison authorities for mailing.” United States v. Glover, 686 F.3d 1203, 1205 (11th Cir. 2012) (internal quotation marks omitted). The Court finds that Plaintiff has complied with the requirement of certifying a good-faith effort to confer prior to filing his motion to compel. See M.D. Ga. L.R. 37; Pl.’s Mot. to Supp., ECF No. 99.3 Accordingly, Defendant is DIRECTED to file

a response to Plaintiff’s motion to compel (ECF No. 100) within SEVEN (7) DAYS of the date of this Order.4 SO ORDERED, this 28th day of February, 2025. s/ Amelia G. Helmick UNITED STATES MAGISTRATE JUDGE

3 Plaintiff’s motion to supplement his motion to compel with a certificate of good faith conferring (ECF No. 99) is GRANTED in part to the extent that he seeks to include a certificate of good faith conferral. 4 Plaintiff’s motion to supplement (ECF No. 101) is GRANTED in part to the extent Plaintiff asks the Court to accept his filing as a list of potential witnesses should trial be necessary. The Court notes that Plaintiff will have an opportunity to provide a final list of witnesses, should trial be necessary, when he completes his portion of the proposed pretrial order. Plaintiff, thus, need not file additional supplements to his list of potential witnesses.