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Smith v. Meadows

July 3, 2007

KIARA SMITH ADC #107225 PLAINTIFF
v.
LEROY MEADOWS, SHERIFF, MISSISSIPPI COUNTY, ET AL. DEFENDANTS



ORDER

On June 12, 2007, the Court issued an Order giving Plaintiff, who is proceeding pro se in this § 1983 action, 120 days to file a Motion for Service containing the full name and service address for Defendant Maintenance Supervisor John Doe. See docket entry #12. On June 28, 2007, Plaintiff timely complied with that Order by filing a Motion for Service, which was inadvertently docketed as a "Motion for Discovery." See docket entry #22. The Court will grant Plaintiff's Motion and order service.

On July 3, 2007, Plaintiff filed his First Set of Interrogatories and Request for Production of Documents. See docket entry #31. The Certificate of Service attached thereto states that Plaintiff mailed a single copy to the Court and that he did not mail a copy to opposing counsel. Id. The Federal Rules of Civil Procedure provide that discovery requests are not to be filed with the Court, and instead, must be mailed directly to opposing counsel.*fn1 The Court has sent defense counsel an electronic notice of Plaintiff's filing. However, in the future, Plaintiff must mail all discovery requests directly to opposing counsel and not file them with the Court.

IT IS THEREFORE ORDERED THAT:

1. Plaintiff's Motion for Service (which was inadvertently docketed as a "Motion for Discovery") (docket entry #22) is GRANTED.

2. The Clerk is directed to amend the docket sheet to reflect that Defendant Maintenance Supervisor John Doe is David Weeks, Maintenance Supervisor, Mississippi County Detention Center.

3. The Clerk is directed to prepare a summons for Defendant Weeks, and the U.S. Marshal is directed to serve the Complaint (docket entry #2), Amended Complaint (docket entry #6), Second Amended Complaint (docket entry #7), Third Amended Complaint (docket entry #13) and the Court's June 12, 2007 Order (docket entry #12) without prepayment of fees and costs or security therefor.

4. Plaintiff is directed to REFRAIN from filing discovery ...


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