Hall v. Brazzel et al

Filing 50

ORDER granting 45 Motion to Compel. Signed by Honorable Barry A. Bryant on November 13, 2013. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CLIFF WAYNE HALL v. PLAINTIFF Civil No. 4:12-cv-04070 WARDEN MARY BRAZZEL; SHERIFF RON STOVALL; WILLIAM FLOYD; ANGIE MAYER; MS. SYNCHUCK; MS. MAGOWEN; CORPORAL HANNING; OFFICER BATES; SGT. JONES; SGT. ADAMS; and OFFICER HARRIS DEFENDANTS ORDER Plaintiff Cliff Hall proceeds in this action pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. Plaintiff was incarcerated in the South West Arkansas Community Corrections Center in Texarkana, Arkansas when he filed his Complaint, but he is no longer incarcerated. Currently before the Court is Defendants’ Motion to Compel. ECF No. 45. On July 10, 2013, Defendants filed a Motion to Compel seeking an Order compelling Plaintiff to respond to Defendants’ First Set of Interrogatories and Requests for Production. ECF No. 45. In their Motion, Defendants’ state they first served the discovery requests on Plaintiff on February 15, 2013. The discovery requests were not returned as undeliverable. Plaintiff did not respond. On May 30, 2013, Defendants sent a second request asking Plaintiff to respond to the discovery request and informing Plaintiff, if he failed to respond, Defendants would file a motion to compel. The second request was also not returned as undeliverable. Plaintiff again failed to respond. Under the Federal Rules of Civil Procedure, Plaintiff is afforded thirty (30) days to respond to discovery requests. Fed. R. Civ. P. 33(b)(2) & 34(b)(2)(A). Plaintiff did not request an extension of time to respond to Defendants’ discovery requests. Therefore, Plaintiff has failed to respond in the time provided by law. Accordingly, Defendants’ Motion to Compel (ECF No. 45) is GRANTED. Plaintiff is DIRECTED to provide Defendants with the required responses to the discovery requests by 5:00 p.m. on Tuesday, December 3, 2013. Plaintiff is advised that failure to comply with this Order may result in the dismissal of this case. IT IS SO ORDERED this 13th day of November 2013. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE 2

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