Owens v. Sebastian County Jail Detention Center et al

Filing 16

ORDER granting 11 Motion to Compel. Plaintiff is directed to provide defendants with the required responses to the discovery requests by 5:00 p.m. on 4/7/10. If plaintiff fails to provide the discovery responses, the court should be notified by the filing of a motion to dismiss. Signed by Honorable James R. Marschewski on March 25, 2010. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

ANTHONY E. OWENS v. SHERIFF FRANK ATKINSON; and LT. JACKSON Civil No. 09-2124

PLAINTIFF

DEFENDANTS

ORDER
O n February 24, 2010, defendants filed a motion to compel answers to discovery requests (D o c. 11). Defendants state they propounded interrogatories to the plaintiff on December 22, 2009. To date, defendants state they have not received plaintiff's responses or any communication from th e plaintiff regarding his responses.

Under the Federal Rules of Civil Procedure, plaintiff had thirty (30) days to respond to the discovery requests. Fed. R. Civ. P. 33(b)(3). Plaintiff did not request an extension of time to respond to the discovery requests. Therefore, plaintiff has failed to respond in the time provided by law. Accordingly, defendants' motion to compel (Doc. 11) is granted. Plaintiff is directed to provide defendants with the required responses to the discovery requests by 5:00 p.m. on April 7, 2010. If plaintiff fails to provide the discovery responses, the court should be notified by the
filin g of a motion to dismiss.

IT IS SO ORDERED this 25th day of March 2010. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)