Collins Bey v. Berge et al

Filing 67

ORDER denying 58 Motion to Compel. Signed by Chief Judge Barbara B. Crabb on 7/28/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O B ER T L. COLLINS BEY, ORDER Plaintiff, 0 8 - cv -7 4 7 - b b c v. G E R AL D A. BERGE, RICHARD SCHNEITER, PET ER HUIBREGTSE, GARY BOUGHTON an d JUDITH HUIBREGTSE, D efendan ts. --------------------------------------------Plaintiff Robert Collins Bey was granted leave to proceed in forma pauperis on his claim that defendants violated his First Amendment rights when they restricted visitation a n d mail privileges between him and Peggy Swan. On July 21, 2009, I denied plaintiff's seco n d motion for an extension of time to file his brief in opposition to defendants' motion for summary judgment. He filed his opposition brief together with his motion for summary judgm ent on July 27, 2009. Now before the court is plaintiff's motion to compel defendants to answer his second request for production of documents and his second interrogatories w ithin ten days. In his motion to compel plaintiff stated that he needed the expedited discovery

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respo nses in order to respond to defendants' motion for summary judgment. As defendants point out, plaintiff's second set of discovery requests ask for information defendants have p ro vid ed in the affidavits and attached exhibits they filed in support of their motion for sum m ary judgment. Therefore, plaintiff had the requested information before he filed his brief in opposition to defendants' motion for summary judgment on July 27. Plaintiff's m otion to compel defendants to answer his discovery requests within ten days will be denied. D efendants shall respond to plaintiff's discovery requests within thirty days, as required by the Federal Rules.

OR DER IT IS ORDERED that plaintiff's motion to compel discovery, dkt. #58, is DENIED. E n tered this 28 t h day of July, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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