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Obataiye-Allah v. Steward

United States District Court, D. Oregon

August 21, 2019

UHURU'SEKOU KAMARA AJANI OBATAIYE-ALLAH, Plaintiff,
v.
HEIDI STEWARD, et al., Defendants.

          ORDER

          Jolie A. Russo United States Magistrate Judge

         Plaintiff, an inmate at the Two Rivers Correctional Institution (“TRCI”) in the custody of the Oregon Department of Corrections (“ODOC”), brings this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court are several matters.

         I. Plaintiff's Motion for Leave to File Amended Complaint

         Plaintiff moves for leave to file an Amended Complaint (ECF No. 25). Plaintiff seeks to add one defendant, add state law claims, and identify previously unknown witnesses. Pursuant to Local Rule 15-1(c), “[a]n amended or supplemental pleading must reproduce the entire pleading and may not incorporate any part of the prior pleading by reference.” Under Local Rule 15-1(d)(1), a plaintiff must attach “[a] copy of the proposed amended pleading . . . as an exhibit to any motion for leave to file the amended pleading.”

         Plaintiff's motion does not comply with the Local Rules. Accordingly, the Court DENIES plaintiff's motion, without prejudice to plaintiff's right to re-file the motion with a proposed Amended Complaint attached thereto.

         II. Plaintiff's Motion for Reconsideration

         Plaintiff also moves reconsideration of the Court's April 4, 2019, Order. (ECF No. 27). There, the Court found moot plaintiff's motion for preliminary injunction because defendants, without conceding the merits of plaintiff's underlying claims and without waiving any defenses, agreed to allow plaintiff to participate in Ramadan pending the outcome of this litigation. (ECF No. 27). Plaintiff based his motion for reconsideration on his concern that defendants would not allow him to participate in Ramadan notwithstanding their agreement. Plaintiff did not, however, present any evidence from which the Court could conclude that defendants would not honor their agreement. Accordingly, the Court DENIES plaintiff's request for reconsideration.

         III. Plaintiff's Motion to Compel Discovery

         Plaintiff also moves for an order compelling defendants to produce documents responsive to nine requests for production of documents. Defendants objected to several of plaintiff's requests.

         A. Request No. 1 - records of inmates attending Jumah

         Plaintiff seeks the “records/log etc showing all the prisoners who attended Jumah from January 1, 2018, thru [sic] March 15, 2018, ” along with the times and dates of their attendance. Plaintiff states that the records are relevant to show that defendants allowed several prisoners to participate in Ramadan without attending Jumah. Defendants object on the grounds that the time and expense required to compile such information outweighs any likely benefit to plaintiff and that the Jumah attendance records are not relevant to plaintiff's claims. The Court agrees and denies plaintiff's motion to compel defendants to produce documents responsive to this request.

         B. Request No. 2 - “electronic log”

         In his second request for production, plaintiff apparently refers back to his first request, stating “[t]he log should be the electronic log from the computer where prisoner swipe their I.D. cards in order to be logged into Jumah (records/logs showing all prisoners who attended Jumah).” Defendants object on the same basis as their objection to Request No. 1. Again, the Court agrees and denies plaintiff's motion to compel defendants to produce documents responsive to this request.

         C. Request No. 3 - records of inmates ...


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