Hathaway v. Lincoln County Police et al

Filing 39

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs motion to appoint counsel (#32) is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for documents and to stay discovery (#33) is GRANTED in part and DENIED in part.IT IS FURTHER ORD ERED that the Clerk shall send plaintiff a copy of his complaint and of the current docket sheet. IT IS FURTHER ORDERED that defendants motion for sanctions (#34) is DENIED at this time. IT IS FURTHER ORDERED that plaintiffs' motion to amend com plaint (#36) is DENIED.IT IS FINALLY ORDERED that plaintiff must answer defendants discovery requests by December 14, 2018. All discovery in this case must be completed no later than January 31, 2019. Any motion for summary judgment must be filed no later than February 28, 2019. Oppositions briefs must be filed no later than March 15, 2019, and any reply brief may be filed no later than April 1, 2019.. Signed by District Judge Stephen N. Limbaugh, Jr on 11/9/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RALPH DAVID HATHAWAY,

Plaintiff,
vs.
LINCOLN CO. POLICE, et al.,
Defendants.

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Case No. 4:16cv1761 SNLJ

MEMORANDUM and ORDER
Plaintiff, acting pro se, claims his constitutional rights were violated by defendant
police officers. This Court dismissed plaintiff’s complaint on August 29, 2017 because
plaintiff had not updated his address with the Court as required. Plaintiff moved to
reopen the case on the basis that he attempted to notify the Court of his changed address.
The Court granted the motion and reopened plaintiff’s case, ordered the defendants
to resend their discovery requests to plaintiff at his new prison, and ordered plaintiff to
respond to the discovery requests by July 1, 2018. (#31).
Since then, plaintiff has filed a motion to appoint counsel, a motion to amend his
complaint, and a motion “for documents.” (#32, #36, #33.) The “motion for documents”
states that he needs a copy of the complaint and an updated docket sheet. He suggests
that he intends to flesh out his claims by amending his complaint and he requests that
discovery be stayed.

Defendants have moved for sanctions against plaintiff for failing to comply with a
Court order. (#34.) They state that they re-sent their discovery requests to plaintiff, but
he did not respond by July 1, 2018. Notably, plaintiff did not respond to the defendants’
motion. Nor does he suggest that he did not receive the defendants’ discovery requests.
The Court is inclined to grant defendants’ motion. However, because it appears
plaintiff filed his motion seeking a stay of discovery and requesting a copy of his
complaint and the docket sheet before the July 1 due date, the Court will afford plaintiff
one more chance to prosecute his case. Although plaintiff states that he is unskilled and
untrained in law, he appears able to adequately represent himself in this straightforward
case. His request for counsel will be denied for the same reasons it was denied
previously. (#22.)
Plaintiff’s motion to amend his complaint will be denied at this time. Federal Rule
of Civil Procedure 15(a) states that plaintiff must seek leave to amend his complaint after
a responsive pleading has been filed; although the Court “should freely give leave when
justice so requires,” Fed. R. Civ. P. 15(a)(2), plaintiff has offered no reason why justice
requires that he be permitted to amend his complaint now, after two years have passed.
Plaintiff is reminded he may file a complaint bringing any new, timely claims in a
separate lawsuit.
The Clerk will send plaintiff a copy of his complaint and a copy of the docket
sheet.
Plaintiff must respond substantively to defendants’ discovery requests no later
than December 14, 2018. Other deadlines are addressed below. Should plaintiff fail to
comply with this order, the Court will dismiss plaintiff’s case.

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Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to appoint counsel (#32) is
DENIED.
IT IS FURTHER ORDERED that plaintiff’s motion for documents and to stay
discovery (#33) is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that the Clerk shall send plaintiff a copy of his
complaint and of the current docket sheet.
IT IS FURTHER ORDERED that defendants’ motion for sanctions (#34) is
DENIED at this time.
IT IS FURTHER ORDERED that plaintiffs’ motion to amend complaint (#36) is
DENIED.
IT IS FINALLY ORDERED that plaintiff must answer defendants’ discovery
requests by December 14, 2018. All discovery in this case must be completed no later
than January 31, 2019. Any motion for summary judgment must be filed no later than
February 28, 2019. Oppositions briefs must be filed no later than March 15, 2019, and
any reply brief may be filed no later than April 1, 2019.

Dated this 9th day of November, 2018.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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