White v. McJunkins et al

Filing 23

ORDER granting 22 Motion to Compel. Plaintiff is directed to provide Defendants with required responses to discovery requests by 5:00 p.m. on December 30, 2016. Signed by Honorable Barry A. Bryant on December 15, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

ERIC L. WHITE

PLAINTIFF

v.

Civil No. 4:16-cv-04061

JANATALLANT, Howard County
Sheriff’s Department; CHIEF JAILER
DAWANDA SCHWOPE, Howard County
Detention Center

DEFENDANTS
ORDER

Plaintiff Eric L. White proceeds in this action pro se and in forma pauperis pursuant to 42
U.S.C. § 1983.

Currently before the Court is Defendants’ Motion to Compel. ECF No. 22.

Plaintiff has not responded.
In their Motion, Defendants state they first served Interrogatories and Requests for
Production on Plaintiff on October 11, 2016. The discovery requests were not returned as
undeliverable. Plaintiff did not respond. On November 14, 2016, Defendants attempted to resolve
this discovery dispute in good faith without court intervention and sent correspondence to Plaintiff
requesting his past-due discovery responses within fourteen (14) days informing Plaintiff if he
failed to respond a motion to compel would be filed. The correspondence was 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.

1 

Accordingly, Defendants’ Motion to Compel (ECF No. 22) is GRANTED. Plaintiff is
DIRECTED to provide Defendants with the required responses to the discovery requests by 5:00
p.m. on Friday, December 30, 2016. Plaintiff is advised that failure to comply with this Order
may result in the dismissal of this case.
IT IS SO ORDERED this 15th day of December 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

2