Hopkins v. Sheriff et al

Filing 10

OPINION AND ORDER because the defendant, Sheriff of Jasper County, has no deadline (indeed no obligation) to answer the complaint, the motion to enlarge time is DENIED AS MOOT. Instead, the deft is solely obligated to respond to discovery initiated by Mr. Hopkins on or before 4/7/09, for the sole purpose of identifying the unknown defendants who denied Mr. Hopkins medical treatment. The parties are REMINDED that N.D.Ind.L.R. 26.2(e) requires that, "In pro se litigation, all discovery shall be filed." Motions terminated (DE 8)First MOTION for Extension of Time to File Response/Reply as to 1 Pro Se Complaint filed by Sheriff.. Signed by Judge Allen Sharp on 4/6/09. (csi)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE PAUL D. HOPKINS, Plaintiff, v. SHERIFF, et al., Defendants. ) ) ) ) ) ) ) ) )

CAUSE NO. 4:09-CV-016 AS

OPINION AND ORDER The Sheriff of Jasper County, by counsel, filed a motion seeking "an enlargement of time to answer or otherwise plead to Plaintiff's Complaint . . .." DE 8 at 1. This motion is confusing because the court has already found that the plaintiff, Paul D. Hopkins, a pro se prisoner, "has no claim against the Sheriff" (DE 4 at 5) and "waived [d] the Sheriff of Jasper County's obligation to file an answer pursuant to 42 U.S.C. § 1997e(g)(2) . . .." (DE 4) Because the defendant has no deadline (indeed no obligation) to answer the complaint, the motion to enlarge time (DE 8) is DENIED AS MOOT. Instead, the defendant is solely obligated to respond to discovery initiated by Mr. Hopkins on or before April 7, 2009, for the sole purpose of identifying the unknown defendant(s) who denied Mr. Hopkins medical treatment for his diabetes and high blood pressure for the approximately six months following September 21, 2007. The parties are REMINDED that N.D. IND. L.R. 26.2(e) requires that, "In pro se litigation, all discovery shall be filed." IT IS SO ORDERED. ENTERED: April 6, 2009 /s/ ALLEN SHARP ALLEN SHARP, JUDGE UNITED STATES DISTRICT COURT