Dickey v. Harrington et al

Filing 36

ORDER DENYING 32 MOTION to Compel filed by Maeceo Dickey, GRANTING 35 MOTION for Extension of Time to File Answer re 1 Complaint filed by Sgt. Ealy, Nurse Missy, Nurse Stephanie, C/O Bebout, Richard Harrington. C/O Bebout answer due 1/16/2015; Sgt. Ealy answer due 1/16/2015; Richard Harrington answer due 1/16/2015; Nurse Missy answer due 1/16/2015; Nurse Stephanie answer due 1/16/2015. Signed by Magistrate Judge Donald G. Wilkerson on 12/18/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MAECEO DICKEY,
Plaintiff,
v.
RICHARD HARRINGTON, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 3:14-cv-1024-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for an Order Compelling Discovery filed by
Plaintiff, Maeceo Dickey, on December 10, 2014 (Doc. 32) and the Motion for Extension of Time
filed by Defendants on December 16, 2014 (Doc. 35).
The Motion to Compel is DENIED. In this Motion, Plaintiff generically seeks an Order
compelling Defendants to answer interrogatories. It is clear from the Motion that Plaintiff merely
copied a form and failed to include various details like the date he served interrogatories and which
Defendants were served. He also has failed to sign this motion and has not attached a copy of the
interrogatories that he purportedly served (although Plaintiff did submit a copy of his request to
produce).
No Defendant has filed an answer to the complaint as of the date of this Order. Therefore,
Plaintiff cannot have served any discovery request nor can he reasonably expect any answers.
Plaintiff is informed that once Defendants have filed an answer, a scheduling order will be entered
setting forth deadlines and the discovery procedure. Plaintiff is cautioned that he should not file
with the Clerk of Court interrogatories or requests to produce that are served upon Defendants
unless he is ordered to do so by the Court or they are related to a motion to compel. Finally,
Page 1 of 2

Plaintiff is WARNED that the failure to sign documents filed with the Clerk of Court may result in
the striking of the document pursuant to Federal Rule of Civil Procedure 11.
Defendants’ Motion for an extension of time is GRANTED. Defendants’ answers are
due by January 16, 2015.

IT IS SO ORDERED.
DATED: December 18, 2014

DONALD G. WILKERSON
United States Magistrate Judge

2