NANCY J. KOPPE, Magistrate Judge.
Pending before the Court is Plaintiff's motion to compel. Docket No. 43. Defendants filed a response. Docket No. 47. No reply was filed. See Docket. The Court finds the motion properly resolved without oral argument. See LR 78-1. For the reasons discussed below, Plaintiff's motion is
This is a prisoner's civil rights case. See Docket No. 9. On March 24, 2015, the Court entered the scheduling order in this matter. Docket No. 27. That order set the discovery cut-off date for June 22, 2015, and required discovery motions to be filed no later than July 6, 2015. Id. at 2.
On June 15, 2015, Plaintiff filed his first set of interrogatories on the docket. See Docket No. 32. That same day, the Court struck the documents and informed Plaintiff that, pursuant to the Local Rules of Practice, discovery-related documents should not be filed. Id. It appears that Plaintiff served Defendants with his first set of interrogatories on June 11, 2015. Docket No. 47-1 at 1. On March 28, 2016, Plaintiff filed the instant motion to compel answers to his first set of interrogatories. Docket No. 43.
"A party served with interrogatories or requests for production must serve its answers and any objections within 30 days after being served with the discovery requests." Christmas v. MERS, 2010 WL 2695662, at *2 (D. Nev. July 2, 2010) (citing Fed.R.Civ. 33(b), 34(b)). "The rules' grant of 30 days for the responding party to answer discovery requests mandates that in order to meet the discovery deadline, the requesting party must file his discovery requests `at least 30 days before the discovery cutoff.'" Id. (citing Smith v. Principal Cas. Ins. Co., 131 F.R.D. 104, 105 (S.D. Miss. 1990)). As in Christmas, by serving his discovery requests only 11 days prior to the discovery cut-off (at the earliest), Plaintiff failed to leave Defendants sufficient time to respond. Accordingly, Plaintiff's discovery requests are untimely.
Plaintiff submits this untimeliness should be excused because he was transferred to a different prison, which delayed his receipt of the Court's scheduling order until April 7, 2015. Docket No. 43 at 2. Plaintiff submits that, as a layperson, he believed he had until June 22, 2015, to serve interrogatories on Defendants. Id.
Even if the Court excuses Plaintiff's last discovery requests, however, his motion to compel itself is untimely. Discovery motions were due no later than July 6, 2015. Docket No. 27 at 2. Plaintiff does not claim that he misunderstood the discovery motion deadline. Plaintiff filed his motion on March 28, 2016, approximately 266 days after the Court-ordered deadline. Docket No. 43. Plaintiff offers no reason for this delay. Accordingly, because Plaintiff unreasonably delayed in bringing his motion to compel, his motion is
IT IS SO ORDERED.