Longoria v. Edwards et al

Filing 74

ORDER granting 73 Defendants' Motion to Compel. Plaintiff must within 14 days of the entry of this Order, file his Answers to Defendant Steele's and Mayhue's 8/5/2013 Interrogatories and Requests for Production. Plaintiff is advised that if he fails to timely and properly do so, his claims against Defendants Steele and Mayhue will be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 37(b)(2)(v). Signed by Magistrate Judge J. Thomas Ray on 12/24/2013. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MICHAEL JAMES LONGORIA,
REG. #23384-009
V.

PLAINTIFF

4:13CV00059 BSM/JTR

CLAYTON W. EDWARDS,
Captain, White County Jail, et al.

DEFENDANTS

ORDER
Separate Defendants Steele and Mayhue have filed a Motion to Compel
asserting that Plaintiff has not responded to their: (1) August 5, 2013 Interrogatories
and Requests for Production; or (2) October 7, 2013 letter asking why he had failed
to do so. Doc. 73; see also Fed. R. Civ. P. 33(b)(2) & 34(b)(2) (providing that a party
must answer interrogatories and requests for production within thirty days of service).
Plaintiff has not responded to the Motion to Compel, and the time for doing so
has expired. See Local Rule 7.2(b) (providing that an opposing party has fourteen
days to file a response to a motion); Local Rule 7.2(f) (providing that: “The failure to
timely respond to any nondispositive motion . . . shall be an adequate basis, without
more, for granting the relief sought in said motion”).
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ Motion to Compel (Doc. 73) is GRANTED.

2.

Plaintiff must, within fourteen days of the entry of this Order, file his

Answers to Defendant Steele’s and Mayhue’s August 5, 2013 Interrogatories and
Requests for Production.
3.

Plaintiff is advised that if he fails to timely and properly do so, his claims

against Defendants Steele and Mayhue will be dismissed, without prejudice, pursuant
to Fed. R. Civ. P. 37(b)(2)(v).
Dated this 24th day of December, 2013.

UNITED STATES MAGISTRATE JUDGE

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