Flaherty v. Cox et al

Filing 32

ORDER denying 29 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 01/07/2013. (kcs)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION THOMAS STEVEN FLAHERTY, ADC #115819 V. PLAINTIFF 2:12CV00103 BSM/JTR AVERY G. COX, Corporal; East Arkansas Regional Unit DEFENDANT ORDER Plaintiff has filed a Motion asking the Court to compel Defendant to produce incident reports prepared about the February 21, 2012 use for force. See docket entry #29. Defendant explains that Plaintiff has not previously sent him a request to produce any such documents. See docket entry #30. Plaintiff must first mail his discovery requests directly to Defendant’s attorney. See Fed. R. Civ. P. 33, 34, 36, and 37 (describing discovery methods); Fed. R. Civ. P. 5(d) (explaining that discovery requests and responses must be mailed directly to the opposing counsel, and not filed in the record). If Defendant does not timely or properly respond to written discovery, Plaintiff must first, in good faith, attempt to resolve his discovery disputes with him. See Fed. R. Civ. P. 37; Local Rule 7.2(g). Only after Plaintiff has done so, may he then file a Motion to Compel with the Court. IT IS THEREFORE ORDERED THAT Plaintiff’s Motion to Compel (docket entry #29) is DENIED. Dated this 7th day of January, 2013. UNITED STATES MAGISTRATE JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?