Opinion
4:13CV00059 BSM/JTR
12-24-2013
MICHAEL JAMES LONGORIA, REG. #23384-009 PLAINTIFF v. CLAYTON W. EDWARDS, Captain, White County Jail, et al. DEFENDANTS
ORDER
Separate Defendants Steele and Mayhue have filed a Motion to Compel asserting that Plaintiff has not responded to their: (1) August 5, 2013 Interrogatories and Requests for Production; or (2) October 7, 2013 letter asking why he had failed to do so. Doc. 73; see also Fed. R. Civ. P. 33(b)(2) & 34(b)(2) (providing that a party must answer interrogatories and requests for production within thirty days of service).
Plaintiff has not responded to the Motion to Compel, and the time for doing so has expired. See Local Rule 7.2(b) (providing that an opposing party has fourteen days to file a response to a motion); Local Rule 7.2(f) (providing that: "The failure to timely respond to any nondispositive motion . . . shall be an adequate basis, without more, for granting the relief sought in said motion").
IT IS THEREFORE ORDERED THAT:
1. Defendants' Motion to Compel (Doc. 73) is GRANTED.
2. Plaintiff must, within fourteen days of the entry of this Order, file his Answers to Defendant Steele's and Mayhue's August 5, 2013 Interrogatories and Requests for Production.
3. Plaintiff is advised that if he fails to timely and properly do so, his claims against Defendants Steele and Mayhue will be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 37(b)(2)(v).
_______
UNITED STATES MAGISTRATE JUDGE