Conway v. Hobbs et al

Filing 28

ORDER denying 25 Motion to Compel; granting 27 Motion to Extend Time. Defendant is directed to file any dispositive motions on or before 04/13/2012. Signed by Magistrate Judge J. Thomas Ray on 04/10/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. CONWAY, ADC #113285 V. PLAINTIFF 5:11CV00142 JMM/JTR WENDY KELLEY, Deputy Director of Health, Arkansas Department of Correction DEFENDANT ORDER Plaintiff, Byron Conway, has filed this pro se § 1983 action alleging that Defendant Wendy Kelley failed to take proper corrective action in responses to his grievances alleging inadequate medical care. See docket entries #2. There are two non-dispositive Motions pending, which the Court will address separately. I. Plaintiff’s Motion to Compel Plaintiff has filed a Motion (docket entry #25) alleging that Defendant failed to respond to Interrogatories and Requests for Production that he allegedly “filed” on or about August 22, 2012. No such discovery requests were “filed” in the record for this case. See Fed. R. Civ. P. 5(d) (providing that discovery requests and responses will not be filed in the record, and instead, must be mailed directly to counsel for the opposing party). Additionally, Defendant states that she never received any discovery requests from Plaintiff. See docket entry #26. Accordingly, the Motion to Compel is denied. II. Defendant’s Motion for an Extension of Time Defendant has filed a Motion seeking a one week extension of the dispositive motion deadline. See docket entry #27. The Court finds the request to be reasonable. Accordingly, the Motion for an Extension of Time is granted. III. Conclusion IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion to Compel (docket entry #25) is DENIED. 2. Defendant’s Motion for an Extension of Time (docket entry #27) is GRANTED, and she has until April 13, 2012 to file any dispostive motions. Dated this 10th day of April, 2012. UNITED STATES MAGISTRATE JUDGE -2-

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