Miner v. Childs et al

Filing 69

ORDER denying 67 Motion to Compel as moot. Signed by Magistrate Judge Jerome T. Kearney on 1/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JEFFREY SCOTT MINER,
ADC #83775
v.

PLAINTIFF

4:11-cv-00059-JMM-JTK

DEMONTREL CHILDS, et al.

DEFENDANTS
ORDER

This matter is before the Court on Plaintiff’s Motion to Compel (Doc. No. 67), in which he
claims Defendants failed to provide him with requested incident reports and policies and procedures.
In their Response, Defendants provide a copy of their response to Plaintiff’s discovery requests to
show that they complied with his requests; Defendants also provide to Plaintiff another copy of those
requests (Doc. No. 68). Accordingly,
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Compel (Doc. No. 67) is
DENIED as moot.1
IT IS SO ORDERED this 10th day of January, 2012.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

1

Plaintiff is reminded of FED.R.CIV.P. 37(a)(1), which requires that a motion to compel
“must include a certification that the movant has in good faith conferred or attempted to confer
with the person or party failing to make disclosure or discovery in an effort to obtain it without
court action.” (Emphasis added.)