Primus v. Payne

Filing 52

ORDER denying 49 Motion to Compel Discovery. Signed by Chief Judge Frank D. Whitney on 8/1/2017. (Pro se litigant served by US Mail.)(nvc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16-cv-101-FDW
CARL BENNETT PRIMUS, JR.,

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Plaintiff,
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vs.
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FNU PAYNE, Correctional Officer,
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Defendant.
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__________________________________________)

ORDER

UPON MOTION of Defendant Payne, (Doc. No. 51), for an enlargement of time within
which to file dispositive motions,
IT IS HEREBY ORDERED that all parties shall have up to and including September 5,
2017, in which to file and serve dispositive motions.
Furthermore, as to Plaintiff’s pending Motion to Compel Discovery, (Doc. No. 49), the
motion is DENIED for the reasons stated in Defendant’s response—because Plaintiff failed to
comply with FED. R. CIV. P. 37(a)(1) before filing the motion to compel and because, in any
event, Defendant has adequately responded to Plaintiff’s discovery requests.

Signed: August 1, 2017