Smith v. Hobbs

Filing 20

ORDER granting 19 Motion to Strike 18 Interrogatories Propounded by Plaintiff. Signed by Magistrate Judge Jerome T. Kearney on 9/29/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES EDWARD SMITH ADC #103093 vs. Civil Case No. 5:10CV00199-JMM-JTK RESPONDENT ORDER Now pending is Respondent's Motion to Strike Petitioner's First Set of Interrogatories (DE #19). Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts empowers the Court to, upon a party's request and with good cause shown, "authorize a party to conduct discovery under the Federal Rules of Civil Procedure." Petitioner propounded interrogatories on Respondent without requesting leave from the Court to do so. (DE #18) Furthermore, the Court has viewed the record in this case and finds it unnecessary to authorize an expanded discovery process. Respondent's motion is granted. SO ORDERED this 29th day of September, 2010. PETITIONER

RAY HOBBS Director, Arkansas Dept of Correction

_________________________ United States Magistrate Judge