Smith v. Jaco et al

Filing 35

ORDER denying 30 Motion to Compel. Signed by Jane M Virden on 4/26/2013. (sef)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
MICHAEL W. SMITH

PLAINTIFF

V.

CIVIL ACTION NO.:2:12cv75-GHD-JMV

GAIL JACO, ET AL.

DEFENDANTS

ORDER
Before the Court is a motion filed by the pro se plaintiff to compel production of
discovery materials (#30). Plaintiff has requested a letter written by the defendants to the
Internal Revenue Service. Plaintiff’s motion was filed on April 3, 2013. The discovery deadline
in this case expired on March 28, 2013. Accordingly, the motion is untimely on its face.
Moreover, pursuant to Rule 7(b)(2)(B) of the Local Uniform Civil Rules, “A party must file a
discovery motion sufficiently in advance of the discovery deadline to allow response to the
motion, ruling by the court and time to effectuate the court’s order before the discovery
deadline.”
The Court finds that the motion to compel (#30) is not well taken and is hereby DENIED.

SO ORDERED this 26th day of April, 2013.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE