Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: ORDER JANE M. VIRDEN , Magistrate Judge . Before the Court is Defendants' Motion to Compel discovery. According to Defendants, the pro se Plaintiff, who is believed to be incarcerated, has failed to respond to written discovery requests, including interrogatories, requests for admission, and requests for production, all propounded on May 7, 2018. Defendants seek an order compelling discovery, deeming requests for admission admitted, dismissing the case with prejudice, and finding Plainti
Summary: ORDER JANE M. VIRDEN , Magistrate Judge . Before the Court is Defendants' Motion to Compel discovery. According to Defendants, the pro se Plaintiff, who is believed to be incarcerated, has failed to respond to written discovery requests, including interrogatories, requests for admission, and requests for production, all propounded on May 7, 2018. Defendants seek an order compelling discovery, deeming requests for admission admitted, dismissing the case with prejudice, and finding Plaintif..
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ORDER
JANE M. VIRDEN, Magistrate Judge.
Before the Court is Defendants' Motion to Compel discovery. According to Defendants, the pro se Plaintiff, who is believed to be incarcerated, has failed to respond to written discovery requests, including interrogatories, requests for admission, and requests for production, all propounded on May 7, 2018. Defendants seek an order compelling discovery, deeming requests for admission admitted, dismissing the case with prejudice, and finding Plaintiff in contempt. Defendants' request for an order compelling discovery is granted, and Plaintiff shall have fourteen (14) days from this date to serve full responses (all objections being waived) to Defendants' interrogatories and requests for production. Defendants' request for an order deeming requests for admission admitted is moot as that relief is granted automatically by the plain language of Rule 36(a)(3) of the Federal Rules of Civil Procedure.1 Defendants' requests for a dismissal with prejudice and a finding of contempt are without merit on this record as there is neither proof nor an allegation that Plaintiff has disobeyed an order compelling discovery. See FED.R.CIV.P. 37(b)(2).
SO ORDERED.
