Hatfield v. Missouri Department of Corrections et al

Filing 37

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the docket text order granting this motion 36 is VACATED. IT IS FURTHER ORDERED that defendants' motion to dismiss 35 is denied without prejudice to being refiled, if necessary, no sooner than September 25, 2015.. Signed by District Judge Rodney W. Sippel on 9/18/15. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BILLY HATFIELD.,
Plaintiff,
vs.
MISSOURI DEPT. OF CORRECTIONS,
et al.,
Defendants.

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Case No. 4:14 CV 1820 RWS

MEMORANDUM AND ORDER
This matter is before me on defendants’ motion to dismiss plaintiff’s case for failure to
comply with my September 4, 2015, Order granting their motion to compel. Under that Order,
plaintiff was to provide his discovery responses by September 14, 2015. Now, a mere four days
later, defendants demand that I dismiss plaintiff’s case because they have not received his
discovery responses yet. Plaintiff is an inmate and must rely on the prison mail system for
delivery of his pleadings, including discovery responses. It is entirely likely that plaintiff has
complied with my Order by depositing his responses in the prison mail system by September 14,
2015, but they have not been delivered to defendants yet. For this reason, the motion will be
denied without prejudice to being refiled no sooner than September 25, 2015, if defendants have
not received plaintiff’s discovery responses by that date.
Accordingly,
IT IS HEREBY ORDERED that the docket text order granting this motion [36] is
VACATED.

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IT IS FURTHER ORDERED that defendants’ motion to dismiss [35] is denied without
prejudice to being refiled, if necessary, no sooner than September 25, 2015.

_________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 18th day of September, 2015.

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