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MARTIN v. FORT WAYNE POLICE DEPARTMENT, 1:11-CV-347. (2012)

Court: District Court, N.D. Indiana Number: infdco20120629b00 Visitors: 1
Filed: Jun. 28, 2012
Latest Update: Jun. 28, 2012
Summary: OPINION AND ORDER ROGER B. COSBEY, Magistrate Judge. Before the Court in this action advancing various civil rights claims under 42 U.S.C. 1983 is a motion to compel filed by the pro se Plaintiff, claiming that Defendants failed to respond to his First Request for Production of Documents. (Docket #47.) Plaintiff's motion, however, is misplaced, as the record reflects that Defendants did indeed respond to his discovery request, producing some documents and raising some objections. (Docket
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OPINION AND ORDER

ROGER B. COSBEY, Magistrate Judge.

Before the Court in this action advancing various civil rights claims under 42 U.S.C. § 1983 is a motion to compel filed by the pro se Plaintiff, claiming that Defendants failed to respond to his First Request for Production of Documents. (Docket #47.)

Plaintiff's motion, however, is misplaced, as the record reflects that Defendants did indeed respond to his discovery request, producing some documents and raising some objections. (Docket #44); see Fed. R. Civ. P. 34(b) (explaining that a response to a document request includes producing the responsive documents or an objection to the request, including the reasons). Nor does Plaintiff identify with any particularity a specific response that is purportedly inadequate such that the Court could discern whether an order to supplement the response is necessary. See, e.g., Morris v. Ley, No. 05 C-0458, 2006 WL 2585029, at *2 (E.D. Wis. Sep. 7, 2006) (denying pro se plaintiff's motion to compel because it was "nearly impossible to ascertain which documents the plaintiff seeks to have produced").

Consequently, Plaintiff's motion to compel (Docket #47) is DENIED without prejudice, subject to renewal once he compares his discovery requests to the responsive documents and objections produced by Defendants.

SO ORDERED.

Source:  Leagle

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