Young et al v. Phelps

Filing 24

MEMORANDUM. Signed by Judge Sue L. Robinson on 10/31/2016. (cna)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

ERNEST PARSON, et aI.,

)
)

Plaintiffs,

)
)
) Civ. No. 15-325-SLR
)
)
)

)

v.
DAVID PIERCE, et aI.,
Defendants.

MEMORANDUM
1. Introduction. Plaintiffs, inmates at the James T. Vaughn Correctional Center
("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. § 1983 and the
Religious Land Use and Institutionalized Persons Act. They proceed pro se and have
paid the filing fee. 1 This case was severed from Civ. No. 12-1120-SLR on April 22,
2015. On July 14, 2016, plaintiffs filed an amended complaint. (D.1. 22) Pending is
plaintiffs' motion to compel. (D.1. 23)
2. Amended Complaint. Plaintiffs, who are Muslim, raise religious
discrimination claims. On June 20, 2016, the court granted defendants' motion for a
more definite statement and ordered plaintiffs to file an amended complaint that
complied with certain requirements as set forth in the accompanying memorandum.

(See D.1. 20, 21) Having review the amended complaint, the court finds that it
substantially complies with the June 20, 2016 order.
3. Motion to Compel. Plaintiffs have filed a motion to compel and ask the court
to enter an order compelling non-parties to answer interrogatories. (D.1. 23) Pursuant
1The court notes that none of the plaintiffs have sought leave to proceed in forma
pauperis.

to Fed. R. Civ. P. 33, interrogatories are served upon parties. There is no obligation
upon non-parties to answer plaintiffs' interrogatories. Therefore, the court will deny the
motion to compel. Should plaintiffs seek discovery from non-parties, they should refer
to Fed. R. Civ. P. 30 that provides for depositions by oral examination.
4. Conclusion. For the above reasons, the court: (1) finds plaintiffs' amended
complaint substantially complies with the court's June 20, 2016 order; and (2) will deny
plaintiffs' motion to compel (0.1. 23). A separate order shall issue.

Dated: October,»", 2016

UNITED STA

2

S DISTRICT JUDGE