Batun v. Omaha Housing Authority et al
ORDER THAT IT IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. § 636(b), that Plaintiff's claims be dismissed with prejudice as a discovery sanction or for want of prosecution without furt her notice. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LAC) Modified on 11/9/2015 to include copy maile to pro se party (LAC).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMAHA HOUSING AUTHORITY, et. al;
The plaintiff, proceeding pro se, has not served mandatory disclosures, nor responded to
Defendants’ discovery, including their Interrogatories, Requests for Production, and Requests for
Admissions served on June 1, 2015. By letters sent on July 21, 2015 and July 30, 2015, the
defendants reminded Plaintiff of his discovery obligations. Plaintiff failed to respond to the
letters. Defendants filed a motion to compel and a motion to deem admitted those facts set forth
in Defendants’ requests for admissions. Plaintiff failed to respond to the motions.
By order entered on September 21, 2015, Plaintiff was given until October 5, 2015, to
serve on the defendants his mandatory disclosures and his full and complete responses to
Defendants’ Interrogatories and Requests for Production. The court’s order further required
Plaintiff to file a certificate of service on the court’s record stating he has timely served his
discovery responses. The order advised Plaintiff that “[f]ailure to timely comply with . . . this
order may result in dismissal of this case as a discovery sanction or for want of prosecution.”
(Filing No. 49).
The plaintiff has not filed a certificate of service stating he has complied with the court’s
discovery order. And he has not explained why he cannot comply with the discovery rules and
orders of this court.
IT IS RECOMMENDED to the Honorable Richard G. Kopf, United States District
Judge, pursuant to 28 U.S.C. § 636(b), that Plaintiff's claims be dismissed with prejudice as a
discovery sanction or for want of prosecution without further notice.
The parties are notified that failing to file an objection to this recommendation as
provided in the local rules of this court may be held to be a waiver of any right to appeal the
court’s adoption of the recommendation.
November 9, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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