Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedures for Filing Objections This Recommended Disposition (Recommendation) has been sent to Judge James M. Moody Jr. Any party may file written objections to this Recommendation. Objections should be specific and should include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within 14 days of this Recommendation. And, if no objections are filed,
Summary: RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedures for Filing Objections This Recommended Disposition (Recommendation) has been sent to Judge James M. Moody Jr. Any party may file written objections to this Recommendation. Objections should be specific and should include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within 14 days of this Recommendation. And, if no objections are filed, J..
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RECOMMENDED DISPOSITION
BETH DEERE, Magistrate Judge.
I. Procedures for Filing Objections
This Recommended Disposition (Recommendation) has been sent to Judge James M. Moody Jr. Any party may file written objections to this Recommendation. Objections should be specific and should include the factual or legal basis for the objection.
To be considered, objections must be received in the office of the Court Clerk within 14 days of this Recommendation. And, if no objections are filed, Judge Moody can adopt this Recommendation without independently reviewing the record. By not objecting, parties may waive your right to appeal.
II. Discussion
Plaintiff Corey Deshun Hall, a pretrial detainee in the Pulaski County Detention Facility, filed this lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry #2) Mr. Hall claims that Defendant Nichols used excessive force against him when she sprayed him with a chemical agent without cause.1
Defendant Nichols has now filed a motion to dismiss on grounds that Mr. Hall has failed to timely respond to discovery requests and a court order requiring him to respond. (#24) Mr. Hall has not responded to the motion to dismiss.
Defendant Nichols first filed a motion to compel on June 10, 2019. (#21) On June 12, 2019, the Court ordered Mr. Hall to respond to the outstanding discovery requests within 14 days of the order or explain why the motion to compel should not be granted. (#22) On June 25, 2019, Mr. Hall apparently provided some responses to interrogatories, but he did not include an executed medical authorization form. (#24-1) On June 28, 2019, the Court granted the motion to compel and ordered Mr. Hall to file responses by July 12, 2019, or risk dismissal of his lawsuit. (#23)
To date, Mr. Hall has failed to comply with the Court's June 28, 2019 Order compelling him to respond to outstanding discovery. Accordingly, Mr. Hall's lawsuit should be DISMISSED, without prejudice, for failing to respond to discovery requests and for failure to fully comply with a Court Order. See Federal Rule of Civil Procedure 37(b)(2)(A)(v) and Rule 41(b).
III. Conclusion
The Court recommends that Defendant Nichols's motion to dismiss (#24) be GRANTED. Mr. Hall's lawsuit should be DISMISSED, without prejudice.
