Barren v. Roger et al

Filing 29

ORDER that Plaintiffs Motion to Compel 25 is DENIED as MOOT. Signed by Judge Roger L. Hunt on 4/11/12. (Copies have been distributed pursuant to the NEF - ECS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 DISTRICT OF NEVADA 10 *** 11 12 13 14 15 16 GREGORY D. BARREN, ) ) Plaintiff, ) ) vs. ) ) DAVID ROGER, District Attorney; OFFICER ) T. ROBINSON, P# 7466; OFFICER R. KENT, ) P# 6179; OFFICER D. SHANE, P# 6727, ) ) Defendants. ) _______________________________________) Case No.: 2:11-cv-00650-RLH-CWH ORDER (Motion to Compel–#25) 17 18 19 Before the Court is Plaintiff Gregory D. Barren’s Motion to Compel to Answer or In the Alternative, A Ruling on the Merits (#25, filed Apr. 4, 2012). 20 This is a § 1983 claim filed against various law enforcement officers. The Court 21 dismissed Plaintiff’s Complaint for failure to state a claim on January 19, 2012. (#19). Plaintiff 22 subsequently filed a Motion for Reconsideration (#21), to which the Officers responded (#22), and 23 Plaintiff replied (#23). The Court denied Plaintiff’s Motion for Reconsideration. (#24). Plaintiff 24 has now filed a Motion to Compel asking the Court to either (1) compel the officers to file a sur- 25 reply to his Motion for Reconsideration or (2) issue an order on the merits of his Motion for 26 Reconsideration without the requested sur-reply. Plaintiff raises no new evidence, facts, or AO 72 (Rev. 8/82) 1 1 intervening change in the law in his Motion to Compel. Therefore, because the Court has already 2 issued an Order (#24) on the merits of his Motion for Reconsideration, this Motion to Compel is 3 moot. 4 Accordingly, and for good cause appearing, 5 IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel (#25) is DENIED as 6 7 MOOT. Dated: April 11, 2012. 8 9 ____________________________________ ROGER L. HUNT United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AO 72 (Rev. 8/82) 2

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