Brown, Mark v. Pollard, William et al

Filing 28

ORDER denying plaintiff's 25 motion to compel answers to interrogatories without prejudice. Signed by District Judge James D. Peterson on 1/17/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MARK BROWN,
Plaintiff,
v.

ORDER

DR. JEFFREY MANLOVE, DR. NANCY GARCIA,
GAIL WALTZ, MARIROSE HOWELL, and
ANN SCARPITA,

16-cv-76-jdp

Defendants.
Pro se plaintiff Mark Brown is a prisoner in the custody of the Indiana Department of
Corrections, formerly a prisoner in the custody of the Wisconsin Department of Corrections.
Brown alleges that while he was incarcerated at the Waupun Correctional Institution, prison
personnel were deliberately indifferent to his serious medical need by failing to adequately
treat his broken hand. On July 21, 2016, I granted Brown leave to proceed on Eighth
Amendment claims against defendants Manlove, Garcia, Waltz, Howell, and Scarpita.
Dkt. 7.
Now Brown has moved to compel defendants to answer his interrogatories. Dkt. 25.
But, according to defendants, Brown filed his motion before defendants’ answers were
actually due. As of December 23, 2016, two of the four defendants to whom the
interrogatories were directed had answered, and the remaining two had drafted responses and
planned to get them to Brown by January 6, 2017. Brown did not file a reply.
Because it appears that defendants have answered Brown’s interrogatories, I will deny
Brown’s motion without prejudice.

ORDER
IT IS ORDERED that plaintiff Mark Brown’s motion to compel answers to
interrogatories, Dkt. 25, is DENIED without prejudice.
Entered January 17, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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