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govinfo:USCOURTS-tnwd-1_23-cv-01217-2
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
MICHAEL ROBINSON,
Plaintiff,
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v. ) No. 1:23-cv-01217-SHM-tmp
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DAVID HININGER, ET AL.,
Defendants.
ORDER GRANTING MOTION TO COMPEL
Before the Court is Defendant Tasma Robertson’s January 6,
2025 Motion to Compel. (ECF No. 18.) Pro se Plaintiff Michael
Robinson has not responded.
On October 15, 2024, Defendant mailed Interrogatories and
Requests for Production of Documents to Plaintiff, who is pro se
and incarcerated at the Whiteville Correctional Facility. (ECF
No. 18-1.) When Plaintiff did not respond, Defendant sent a
follow up letter on December 18, 2024. (ECF No. 18-3.) As of the
filing of Defendant’s motion, no response to that letter had
been received. (ECF No. 18-1.) The Court has received no
notification that Plaintiff has complied with Defendant’s
interrogatories and requests for production.
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Under Federal Rule of Civil Procedure 37, “[a] party seeking
discovery may move for an order compelling an answer,
designation, production, or inspection” if “a party fails to
answer an interrogatory submitted under Rule 33; or a party fails
to produce documents or fails to respond that inspection will be
permitted——or fails to permit inspection——as requested under
Rule 34.” Fed. R. Civ. P. 37(a)(3)(B)(iii)-(iv).
Defendant seeks an order from the Court: (1) compelling
Plaintiff to provide complete and proper responses to Defendant
Robertson’s Interrogatories and Requests for Production of
Documents, (2) assessing the Defendant’s costs incurred in making
its Motion to Compel, and (3) warning Plaintiff that if he fails
to provide complete and proper responses on or before a certain
date, his lawsuit will be dismissed. (ECF No. 18-1.)
Defendant’s Motion to Compel is GRANTED. Plaintiff Michael
Robinson is ORDERED to respond to Defendant Robertson’s
Interrogatories and Requests for Production of Documents within
21 days, on or before Thursday, September 11, 2025.
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Failure to comply with this Order and the discovery process
may result in sanctions up to an including dismissal of this
action. See Fed. R. Civ. P. 37(b). At this time, the Court
1 Defendant attached to her motion a copy of her interrogatories and requests
for production of documents, which the Court will mail with this Order.
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concludes that an award of costs against the pro se prisoner
would not be in the interest of justice. See Fed. R. Civ. P.
37(a)(5)(A)(iii).
SO ORDERED this 21st day of August, 2025.
/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE
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