Opinion
Civil Action No. 3:01-CV-1784-N
April 6, 2004
ORDER
Before the Court is the motion for summary judgment of Defendants Antonio Aleman, Daniel Torres, Albert Wagner, Jeffrey Eggleston, and Mark Markulec. Plaintiff Pardue is pro se. The exact nature of Pardue's complaint is unclear. Construing it most leniently, it appears that Pardue may complain that Defendants are liable under 42 U.S.C. § 1983 for unlawful arrest and detention, excessive force, unlawful search, conspiracy, and cruel and unusual punishment.
On November 20, 2003, Defendants served Pardue with requests for admission. On November 22, 2003, Pardue signed the certified mail return receipt for the requests for admission. Pardue failed to respond to the requests for admission within thirty days. Accordingly, all of the requests are deemed admitted. See FED. R. Civ. P. 36(a). Among other things, Pardue has admitted that none of the Defendants has ever taken any action against Pardue that violated any of the rights or privileges given to Pardue by any statute or other law, or by the United States Constitution. Because this admission is fatal to Pardue's claims, Defendants' motion for summary judgment is granted.