Caldwell v. Pierce et al

Filing 26

MEMORANDUM. Signed by Judge Sue L. Robinson on 5/5/2017. (nmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FRED T. CALDWELL,
Plaintiff,
v.

ROBERT D. WALLIS,
Defendant.

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) Civ. No. 16-674-SLR
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MEMORANDUM
1. Introduction. Plaintiff Fred T. Caldwell ("plaintiff), an inmate at the James T.
Vaughn Correctional Center, Smyrna, Delaware, filed this lawsuit on August 5, 2016,
pursuant to 42 U.S.C. § 1983. He proceeds prose and has been granted leave to
proceed in forma pauperis. Pending are several motions filed by plaintiff. (D.I. 11, 18,
23)
2. Motion/Request for Permission to File Initial Discovery. Plaintiff moves to
obtain initial discovery from defendant pursuant to Fed. R. Civ. P. 26(a)(1). (D.I. 11)
The court will deny the motion. Because plaintiff is an incarcerated individual, this
proceeding is exempt from the initial discovery requirement. See Fed. R. Civ. P.
26(a)( 1)(B)(iv).
3. The docket reflects that, prior to service, plaintiff filed a request for production
of documents and interrogatories directed to defendant Robert T. Wallis ("defendant").
(D.I. 13) Defendant executed a waiver of service on February 6, 2017. (D.I. 17)

Defendant will be ordered to respond to the discovery requests, if he has not already
done so.
4. Motion to Amend. Plaintiff moves to amend the complaint to proceed as a
bench trial instead of a jury trial and to clarify that he sued defendant in his individual
capacity. (D.I. 18) The motion will be granted.
5. Motion for an Order Directing Defendant to Answer Request for

Admissions and Amended Request for Admissions. Plaintiff moves for an order

directing defendant to respond to request for admissions and amended request for
admissions. (D.I. 23) The motion will be granted. Plaintiff prematurely filed the request
for admissions (D.I. 15) prior to defendant's waiver of service (D.I. 17). Plaintiff filed an
amended request for admissions on April 27, 2017. (D.I. 22) Defendant will be ordered
to respond to the requests, if he has not already done so.
6. Conclusion. For the above reasons, the court will: (1) deny the motion/
request for permission to file initial discovery (D. I. 11 ); and (2) grant the motion to
amend (D. I. 18) and the motion for defendant to file responses to request for
admissions (D.I. 15) and amended request for admissions (D.I. 22) (D.I. 23). A
separate order shall issue.

Dated: May

S , 2017

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