Adams v. Hempstead County et al

Filing 19

ORDER denying 5 Motion to Compel. Signed by Honorable Barry A. Bryant on April 16, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION STEVEN PAUL ADAMS v. PLAINTIFF Civil No. 4:14-cv-04117-BAB SHERIFF JAMES SINGLETON, et al DEFENDANTS ORDER BEFORE the Court is Plaintiff’s Motion to Compel (ECF No. 5). This Motion was filed before Defendants were ordered to answer. Defendants have not responded. After review of the motion, I find as follows: Plaintiff seeks to “compel” defendants to produce certain documents and other tangible items. This Motion is not an appropriate form of discovery. A party may serve requests to produce on an opposing party in accord with FED. R. CIV. P. Rule 34. The Motion to Compel (ECF No. 5) is DENIED. A motion to compel should only be filed after service of a request for production or other discovery request has been made and the opposing party has failed to respond. The Clerk is also directed to provide Plaintiff with an additional copy of the Court’s Prisoner Litigation Guide which explains how Plaintiff should conduct this litigation, including but not limited to conducting Discovery. Plaintiff is advised that failure of Plaintiff to comply with the Prisoner Litigation Guide may result in dismissal of this case. ENTERED this 16th day of April 2015. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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