Jones v. Hobbs et al

Filing 25

ORDER denying 22 Motion to Compel without prejudice. Signed by Magistrate Judge Henry L. Jones, Jr on 1/20/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY WAYNE JONES, ADC #070147 v. RAY HOBBS, et al. ORDER This matter is before the Court on plaintiff's motion to compel (DE #22). Defendants filed a response to the motion (DE #23). In support of the motion to compel, plaintiff states he proffered discovery requests to defendants on November 22, 2008, and has not yet received responses. In their response, defendants state plaintiff's requests were inadvertently overlooked, and the requested information will be provided to plaintiff by January 23, 2009. Defendants also ask the Court to deny plaintiff's motion based on his failure to confer with them as required by Fed.R.Civ.P. 37(a)(2)(B). In light of this response, the Court will deny plaintiff's motion, and will remind the parties of the need to confer prior to the filing of a motion to compel, in accordance with the Federal and Local Rules of the Court. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's motion to compel (DE #22) is hereby DENIED without prejudice. IT IS SO ORDERED this 20th day of January, 2009. 5:08CV00233HLJ DEFENDANTS PLAINTIFF

___________________________________ United States Magistrate Judge 1