Watson v. Utah Highway Patrol et al, No. 4:2018cv00057 - Document 71 (D. Utah 2019)

Court Description: MEMORANDUM DECISION AND ORDER denying 39 Motion to Test Substance Removed from Pla's Car. Signed by Magistrate Judge Paul Kohler on 4/16/19 (alt)

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Watson v. Utah Highway Patrol et al Doc. 71 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH LARRY WATSON, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING MOTION TO TEST REMOVED SUBSTANCE v. Case No. 4:18-cv-00057-DN-PK UTAH HIGHWAY PATROL, et al., District Judge David Nuffer Magistrate Judge Paul Kohler Defendants. Larry Watson, a pro se plaintiff, has filed a motion (the “Motion”) 1 to test a substance that was removed from his car. This is a discovery issue governed by Fed. R. Civ. P. 34. 2 However, there is no indication that Watson has complied with the procedures set forth in this rule. There is also no indication that Watson has complied with the procedures set forth in DUCivR 37-1, which governs discovery disputes. For both of these reasons, the Motion is improper. THEREFORE, IT IS HEREBY ORDERED that the Motion 3 is DENIED. Signed April 16, 2019. BY THE COURT: Paul Kohler United States Magistrate Judge 1 Motion to Test Substance Removed from Plaintiff’s Car by UHP Chris Terry for Marijuana and Fingerprints (and Maybe DNA), docket no. 39, filed January 16, 2019; see Response in Opposition to Plaintiff’s Motion to Test Substance Removed from Plaintiff’s Car by UHP Chris Terry for Marijuana and Fingerprints (and Maybe DNA), docket no. 43, filed January 29, 2019. Watson has not filed a reply memorandum, and the time to do so has expired. 2 See also FED. R. CIV. P. 26(d)(2) (regarding early rule 34 requests). 3 Docket no. 70, filed April 15, 2019. Dockets.Justia.com

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