Spears v. Osceola Police Department

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JAMES SPEARS, JR. ADC #122695 PLAINTIFF

V. No. 3:22-cv-69-DPM

JENNIFER EPHLIN, Former Shift Supervisor, Osceola Police Department; CHRIS VAUGHN, Officer, Osceola Police Department; and DAKOTA DUNKIN, Officer, Osceola Police Department DEFENDANTS

ORDER Motion, Doc. 56, denied. First, Dunkin and Long responded to Spears’s requests for admission by the Court’s 23 February 2024 deadline. Doc. 60-1 at 21 & 60-2 at 23. There is no basis on which to deem his requests admitted. Fed. R. Civ. P. 36(a)(3). Second, Spears is not entitled to default judgment against Dunkin or Long. Even if they hadn’t responded on time, default judgment would not be the appropriate sanction. Ackra Direct Marketing Corp. v. Fingerhut Corp., 86 F.3d 852, 856 (8th Cir. 1996). So Ordered. □□□ nell D.P. Marshall Jr. United States District Judge Ae Moth 202%