Martinez v. Rose et al

Filing 44

ORDER denying 42 Motion for Reconsideration of 39 Order denying motion to compel. Signed by Magistrate Judge Stephen L. Crocker on 9/24/2010. (jef),(ps)

M a r t i n e z v. Rose et al

D o c . 44

IN THE UNITED STATES DISTRICT COURT F O R THE W E S T E R N DISTRICT OF W I S C O N S I N

BENTURA MARTINEZ, P la in t if f, v. 09-cv-607-wmc C .O . II P. JANUS, D e fe n d a n t s. ORDER

Plaintiff is proceeding on civil rights claims alleging retaliation and a First Am e n d m e n t v i o l a t io n . On September 7, 2010, I denied plaintiff's motion to compel discovery responses. N o w , he moves reconsideration. As defendant points out in his response to plaintiff's motion, it does not appear that p la i n t i f f received defendant's response to his motion to compel discovery. A review of the d i s c o v e r y requests and responses leads me to conclude that plaintiff's motion for reconsideration s h o u ld be denied. Plaintiff has received the discovery responses to which he is entitled.

ORD ER I T IS ORDERED that plaintiff's motion for reconsideration of this court's order denying h i s motion to compel discovery, dkt. #42, is DENIED.

Entered this 24 th day of September, 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a t e Judge

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