Moses v. Oller et al

Filing 34

ORDER granting 32 Motion to Compel. Plaintiff's answers to Defendant's discovery requests due by 5:00 p.m. on Tuesday, March 22, 2015. Signed by Honorable Barry A. Bryant on March 1, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
KEITH D. MOSES
v.

PLAINTIFF
Civil No. 4:15-04002-SOH-BAB

OFFICER OLLER, ET. AL.

DEFENDANTS
ORDER

Plaintiff, Keith D. Moses, proceeds in this 42 U.S.C. § 1983 action pro se and in forma
pauperis. Plaintiff is currently incarcerated in the Arkansas Department of Correction (“ADC”)
Cummins Unit. Currently before the Court is Defendant Dunham’s Motion to Compel Answers
to Discovery Requests. ECF No. 32.
On February 26, 2016, Defendant Dunham filed a Motion to Compel seeking an Order
compelling Plaintiff to respond to Defendants’ First Set of Interrogatories and Request for
Production of Documents. ECF No. 32. In his Motion, Defendant Dunham states he first served
the discovery requests on Plaintiff on October 8, 2015. On November 20, 2015, Defendant sent
a second request asking Plaintiff to respond to the discovery request and informing Plaintiff, if he
failed to respond, Defendant would file a motion to compel. Plaintiff again failed to respond.
Neither request was returned as undeliverable. ECF No. 32.
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. 32) is GRANTED. Plaintiff is

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DIRECTED to provide Defendants with the required responses to the discovery requests by
5:00 p.m. on Tuesday, March 22, 2015. Plaintiff is advised that failure to comply with this
Order may result in summary dismissal of this case.
IT IS SO ORDERED this 1st day of March 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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