Sierra-Lopez, David et al v. Blair et al

Filing 87

ORDER denying plaintiff David E. Sierra-Lopez's 76 motion to hold defendants in contempt. Signed by District Judge Barbara B. Crabb on 1/2/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - DAVID E. SIERRA-LOPEZ,
ORDER
Plaintiff,
17-cv-646-bbc
v.
DR. PERSIKE and DR. WHITE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - Pro se plaintiff and prisoner David E. Sierra-Lopez is proceeding in this case on claims
that defendants Dr. Persike and Dr. White violated his rights under the Eighth Amendment.
On October 31, 2018, I granted plaintiff’s motion to compel discovery and ordered
defendants to provide discovery responses to plaintiff within 14 days. On November 15,
2018, plaintiff filed a motion to hold defendants in contempt on the ground that defendants
had failed to provide discovery responses as ordered by the court. Dkt. #76.
I am denying plaintiff’s motion. Defendants’ counsel submitted a sworn declaration
stating that she mailed discovery responses to plaintiff on November 14, 2018. Dkt. #78.
Because I have not heard anything from plaintiff suggesting that he did not receive
defendants’ discovery responses, I assume he has now received them. Therefore, plaintiff has
failed to show that defendants should be held in contempt.

ORDER
IT IS ORDERED that plaintiff David E. Sierra-Lopez’s motion to hold defendants

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in contempt, dkt. #76, is DENIED.
Entered this 2d day of January, 2019.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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