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Hawkins v. Shapiro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 7, 2007

CLEVELAND HAWKINS, PLAINTIFF,
v.
ANDREW SHAPIRO, M.D., EASTERN CORRECTIONAL FACILITY, DEFENDANT.

The opinion of the court was delivered by: George H. Lowe, U.S. Magistrate Judge

ORDER

Presently before the Court is a Motion to Compel Discovery filed by Cleveland Hawkins ("Hawkins" or "Plaintiff") pursuant to Fed.R.Civ.Proc. 37. Dkt. No. 19.

Plaintiff's Motion to Compel was filed on July 10, 2007. In his Motion, Hawkins seeks an Order from this Court directing the Defendant to respond to Plaintiff's First Set of Interrogatories. Id.

On July 19, 2007, Defendant's counsel filed a response to the Motion stating that the Defendant served his response to the discovery requests on July 10, 2007.*fn1 Dkt. No. 20.

Since July 10, 2007, the Plaintiff has not indicated to the Court that he believes such responses fail to fully respond to his First Set of Interrogatories, or that the objections raised by the Defendant were improper. Therefore, Plaintiff's Motion to Compel responses to Plaintiff's First Set of Interrogatories must be denied as moot. See, e.g., Johnson v. Schmidt, 1992 U.S.Dist. LEXIS 8342, *1 (E.D.N.Y. 1992) (denying Motion to Compel filed by inmate where Defendants had already responded to Interrogatories and Requests for Production).

WHEREFORE, based upon the above, it is hereby

ORDERED, that Plaintiff's Motion to Compel (Dkt. No. 19) is denied as moot, and it is further

ORDERED, that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules.

IT IS SO ORDERED.


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