Gardner v. Tefft et al
ORDER granting 21 Motion to Compel. Plaintiff's discovery responses due to Defendant by May 15, 2017. Signed by Honorable Barry A. Bryant on April 24, 2017. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
MICHAEL V. GARDNER
Civil No. 4:16-CV-04102-SOH-BAB
CORRECTIONAL OFFICER N. TEFFT, et.
Plaintiff proceeds in this 42 U.S.C. § 1983 action pro se and in forma pauperis. Currently
before the Court is a Motion to Compel (ECF No. 21) by Defendants.
On April 20, 2017, Defendants filed a Motion to Compel seeking Plaintiff’s Answers to
their discovery requests. ECF No. 21. In their Motion, Defendants state they first served the
request (ECF No. 21-1) on January 16, 2017. On February 23, 2017, Defendants sent a second
request (ECF No. 21-2) to Plaintiff at his updated address. On March 28, 2017, Defendants sent
a third request (ECF No. 21-3) to Plaintiff. This request informed Plaintiff that Defendants would
file a motion to compel if he failed to respond by April 7, 2017. The last two requests were not
returned as undeliverable. Plaintiff has not responded.
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. 21) is GRANTED. Plaintiff is
DIRECTED to provide Defendants with his Discovery Responses by 5:00 p.m. on May 15, 2017.
Plaintiff is advised that failure to comply with this Order may result in summary dismissal of this
IT IS SO ORDERED this 24th day of April 2017.
/s/ Barry A. Bryant____________________
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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