Vandermolen v. Reeves et al

Filing 40

ORDER granting 39 Defendants Motion to Compel. The Plaintiff is directed to provide Defendants with the required responses to the discovery request by 5:00 p.m. in August 1, 2014. Signed by Honorable James R. Marschewski on July 11, 2014. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
SHANE VANDERMOLEN
V.

PLAINTIFF
CIVIL NO. 6:12-CV-06121

MICHELLE REEVES;
LT. RADLEY; and
CAPTAIN BRAINSETTER

DEFENDANTS
ORDER

Plaintiff Shane Vandermolen proceeds in this 42 U.S.C. § 1983 action pro se and in forma
pauperis. According to Plaintiff’s address of record, he is currently incarcerated in the Garland
County Detention Center. Currently before the Court is Defendants’ Motion to Compel. ECF No.
39.
On May 22, 2014, 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. 39. In their Motion, Defendants’ state they first served the discovery requests on Plaintiff at
the Garland County Detention Center on April 1, 2014. The discovery requests were not returned
as undeliverable. Plaintiff did not respond. On May 6, 2014, 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. 39) is GRANTED. Plaintiff is
DIRECTED to provide Defendants with the required responses to the discovery requests by 5:00
p.m. on Friday, August 1, 2014. Further, Defendants are DIRECTED to notify the Court if
Plaintiff fails to respond to the discovery requests by August 1, 2014. Lastly, Plaintiff is advised
that failure to comply with this Order may result in the dismissal of this case.
IT IS SO ORDERED this 11th day of July 2014.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

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