United States District Court, D. New Mexico
ROBERT C. HUDSON, Plaintiff,
FNU CALVILLO, Nurse and Director of Medical, LCCF, FNU BRADSHAW, Nurse, LCCF, FNC HARVEY, Sergeant, LCCF, FNU MENDOZA, Lieutenant, LCCF, FNU UNNAMED TRANSPORT SERGEANT, LCCF, Defendants.
AND ORDER DENYING PLAINTIFF'S MOTION FOR PRODUCTION
WITHOUT PREJUDICE, CONSTRUING PLAINTIFF'S MOTION TO
SUPPLEMENT AS A REQUEST TO AMEND COMPLAINT, GRANTING MOTION
TO AMEND, AND DIRECTING CLERK OF COURT TO SUBSTITUTE
R. SWEAZEA UNITED STATES MAGISTRATE JUDGE
the Court are Plaintiff Robert Hudson's motions for
production and to supplement caption filed in this prisoner
civil rights case. [Docs. 11 & 12]. Pursuant to its
screening function under 28 U.S.C. § 1915(e)(2), the
Court previously dismissed-and entered partial judgment
on-all but Hudson's claims for deliberate indifference to
his medical needs under the Eighth and Fourteenth Amendments
and negligent denial of care under New Mexico law. [Docs. 9
& 10]. The Court further ordered Hudson to identify the
“FNU” transport sergeant within a reasonable
time. [Doc. 10]. In his first motion, Hudson seeks an order
compelling production of initial disclosures to enable him,
among other things, to identify the doctor who placed a stint
in his heart. [Doc. 11]. In his second filing, Hudson asks to
add Albert Fuentes as that unidentified sergeant. [Doc. 12].
The Court will deny Hudson's motion to compel disclosures
without prejudice, but will grant his motion for
supplementation, which the Court construes as a request to
amend his complaint.
Motion For Production
Rule of Civil Procedure 26(a)(1)(B)(iv) exempts from initial
disclosure any “action brought without an attorney by a
person in the custody of . . . a state.” Hudson has
appeared pro se in this action and is presently
incarcerated at the Lea County, New Mexico correctional
facility. The Court's local rules also provide that
prisoner petitioners are exempt from pretrial case management
and discovery procedures under Rules 16 and 26. See
D.N.M.LR-Civ. 16.3, 26.3(a)(1). The Court therefore concludes
Hudson is not entitled to production.
Court is mindful, however, that Hudson may need information
only Defendants possess to prosecute the claims the Court has
allowed to proceed. To address these concerns, the Court may
later, if appropriate, order a Martinez Report,
“a court-authorized investigation and report by prison
officials” aimed at ferreting out “any factual or
legal bases for [Hudson's] claims.” Hall v.
Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991).
Additionally, if Hudson still believes he needs information
after that report is ordered and disclosed, he may renew his
request for discovery. See Abdulhaseeb v. Calbone,
600 F.3d 1301, 1310 (10th Cir. 2010) (delaying
“discovery pending an evaluation of the
[Martinez] report [does not] constitute an abuse of
discretion or impermissibly contravene the discovery
provisions of the federal rules”). The Court will
therefore deny Hudson's motion for production without
Motion to Supplement
construed, see Hall, 935 F.2d at 1109, Hudson asks
to amend his complaint to substitute Albert Fuentes for
Defendant “FNU” Unnamed Transportation Sergeant.
Federal Rule of Civil Procedure 15(a) allows Hudson to amend
his complaint once as a matter of course, either before the
opposing party answers or within 21 days after service of the
responsive pleading. Because Defendants have not answered or
served responsive pleadings, Hudson does not need Court
approval to amend. See Fed. R. Civ. P. 15(a), (d)
(distinguishing “amendments” to the pleadings
from “supplemental pleadings, ” which set out
transactions or occurrences that happened after the pleading
was filed). Nonetheless, the Court will grant the motion and
treat his original complaint as the operative pleading except
that Mr. Fuentes will be added in place of the unnamed
transportation sergeant. For clarity's sake the Court
directs the Clerk of Court to substitute Albert Fuentes for
the FNU transportation sergeant.
reasons stated above, the Court will deny Hudson's motion
for production without prejudice, grant his motion to
supplement, construed as motion to amend his complaint, and
direct the Clerk of Court to substitute Albert Fuentes for
Defendant FNU transportation sergeant.
it is ORDERED that Plaintiff's Motion for Production
[Doc. 11] is DENIED WITHOUT PREJUDICE.
further ORDERED that Plaintiff's Motion to Supplement
[Doc. 12], construed a motion to amend complaint, is GRANTED.
Plaintiff's original complaint is hereby amended to add
Albert Fuentes in place of Defendant FNU Transportation
Sergeant, LCCF. The Clerk of Court is also directed to
substitute Albert Fuentes for Defendant FNU Unnamed
Transportation Sergeant, LCCF.
further ORDERED that the Clerk of Court is directed to send
notice and waiver of service forms, along with a copy of this
order, the Memorandum Opinion and Order and Partial Judgment
entered May 31, 2017 [Docs. 9 ...