Flaherty v. Cox et al
ORDER denying 29 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 01/07/2013. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
THOMAS STEVEN FLAHERTY,
AVERY G. COX, Corporal;
East Arkansas Regional Unit
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
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