Beman v. Brinkley

Filing 40

ORDER DENYING as moot 37 Motion to Compel. Signed by Honorable Barry A. Bryant on April 25, 2019. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
CHRISTOPHER RAY BEMAN
v.

PLAINTIFF
Civil No. 6:18-CV-06057

DEPUTY SHERIFF J. BRINKLEY and JOUSH
LINGO

DEFENDANTS

ORDER
This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds
pro se and in forma pauperis. Currently before the Court is Plaintiff’s Motion to Compel. (ECF No. 37).
Plaintiff filed his Motion on December 19, 2018. (ECF No. 37). He states Defendants are in
violation of the Initial Scheduling Order (ECF No. 31), as he was to receive the discovery documents listed
in that Order by November 23, 2018. (ECF No. 37 at 1). Plaintiff alleges he wrote Defendants to inquire
about the documents but has not yet received them. (Id.)
On December 20, 2018, Defendants filed their response. (ECF No. 38). They state they sent the
discovery in question and have not received any notification that it was undeliverable. They further note
Plaintiff’s numerous address changes. (Id.). They state they will resend the discovery to Plaintiff. (Id.).
Plaintiff filed another Notice of Address Change on February 12, 2019. (ECF No. 39). To date, the
Court has received no communication from Plaintiff that the discovery in question was not received after it
was resent.
Accordingly, Plaintiff’s Motion to Compel (ECF No. 37) is DENIED as moot.
IT IS SO ORDERED this 25th day of April 2019.
/s/

Barry A. Bryant

HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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