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Lee v. Smith

August 23, 2007

STUART LEE ADC #113076 PLAINTIFF
v.
CLEO SMITH, ADMINISTRATOR, RSVP, ARKANSAS DEPARTMENT OF CORRECTION, ET AL. DEFENDANTS



ORDER

On August 22, 2007, Plaintiff, who is a prisoner proceeding pro se in this § 1983 action, filed a "Response to Defendants' Objections to Plaintiff's Request for Production of Documents." See docket entry #41. After reviewing that pleading, the Court concludes that it is more properly characterized as "Plaintiff's Motion to Compel Defendants to Respond to His July 12, 2007 Request for Production of Documents." The Clerk will be instructed to redocket the pleading accordingly.

Additionally, the Court notes that Plaintiff filed his July 12, 2007 Request for Production of Documents. See docket entry #38. The Federal Rules of Civil Procedure provide that discovery requests and responses are NOT to be filed with the Court -- and, instead, should be sent DIRECTLY to the opposing counsel, along with a certificate of service*fn1 . In contrast, Motions to Compel and/or for Sanctions, pursuant to Fed. R. Civ. P. 37, and any necessary attachments will be accepted for filing.

IT IS THEREFORE ORDERED THAT:

1. The Clerk is directed to redocket "Plaintiff's Response to Defendants' Objections to Plaintiff's Request for Production of Documents" (docket entry #41) as "Plaintiff's Motion to Compel Defendants to Respond to His July 12, 2007 Request for Production of Documents."

2. Defendants shall have eleven days from the entry of this Order to file a Response to Plaintiff's Motion to Compel Defendants to Respond to His July 12, 2007 Request for Production of Documents.

3. Plaintiff is directed to refrain from filing any future discovery requests with the Court.

Dated this 23rd day of ...


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