Sparkman v. Thornell et al

Filing 29

ORDER granting 26 Motion to Compel. Plaintiff is directed to provide Defendants with the required responses to the discovery requests by 5:00 p.m. on 12/23/09. If Plaintiff fails to provide Defendants with the discovery responses, Defendants should notify the Court by filing a motion to dismiss. Signed by Honorable Barry A. Bryant on December 4, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WE ST E R N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION

JAM E S DANTHONY SPARKMAN v. C ivil No. 4:09-cv-04014

PLAINTIFF

DON THORNELL, Interim Sheriff, Miller County, A rkansas; SHERIFF STOVALL, Sheriff, Miller C ounty, Arkansas; CHARLES NEFF, Miller C ounty Correctional Facility; and SGT. R. JONES, Miller County Correctional Facility ORDER

D E FE N D A N T S

O n November 19, 2009, Defendants filed a motion to compel answers to discovery requests (Doc. 26). Defendants state they propounded interrogatories and requests for production of documents to the Plaintiff on September 25, 2009. To date, Defendants state they have not received Plaintiff's responses or any communication from the Plaintiff regarding his responses. Plaintiff has not responded to the motion to compel. U nder the Federal Rules of Civil Procedure, Plaintiff had thirty (30) days to respond to the discovery requests. Fed. R. Civ. P. 33(b)(3) & 34(b). 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. A ccordingly, Defendants' motion to compel (Doc. 26) is granted. Plaintiff is directed to provide D efe ndants with the required responses to the discovery requests by 5:00 p.m. on December 23, 2009. If Plaintiff fails to provide Defendants with the discovery responses, Defendants should notify the C ourt by filing a motion to dismiss. IT IS SO ORDERED this 4th day of December 2009.

/s/ Barry A. Bryant BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE