Hathaway v. Lincoln County Police et al

Filing 51

MEMORANDUM AND ORDER re: 50 MOTION to Compel filed by Plaintiff Ralph David Hathaway. IT IS HEREBY ORDERED that plaintiff's motion for records is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 5/29/19. (CSG)

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.
Then, plaintiff failed to respond to defendants’ discovery requests. This Court provided
defendant with multiple chances to comply with Court orders and prosecute his case, but
he failed to do so. As a result, this Court dismissed plaintiff’s case on February 13, 2019.
On March 1, 2019, plaintiff filed a “Motion for Records.” He seeks various
records that he needs for his “2255.” Plaintiff does not appear to have a § 2255 petition
pending in this Court. To the extent plaintiff has such a petition pending in a different
federal court, plaintiff should direct his questions to his attorney.
Because plaintiff’s lawsuit has been dismissed, plaintiff’s motion will be denied.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for records is DENIED.

Dated this 29th day of May, 2019.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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