Pachinger v. United States Bureau of Prisons et al

Filing 45

ORDER denying docket entry # 44 Plaintiff's Motion for Discovery and directing the Clerk to REFRAIN FROM DOCKETING any future written discovery from Plaintiff. Signed by Magistrate Judge J. Thomas Ray on 05/16/2011. (ksm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION KENNETH JOHN PACHINGER Reg. #30219-074 V. PLAINTIFF 2:10CV00161 SWW/JTR GRAHAM, Health Services Administrator, Forrest City Federal Correctional Institution, et al. DEFENDANTS ORDER On May 6, 2011, Plaintiff filed a Motion for Discovery asking Defendants to produce certain documents. See docket entry #44. Plaintiff’s discovery request is premature because Defendants have recently been given an extension, until June 9, 2011, to file their Answer or other responsive pleading. See docket entry #40. Once Defendants do so, Plaintiff must mail his discovery requests directly to the opposing counsel, along with a certificate of service, and not file them in the record. See Fed. R. Civ. P. 5(d). IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion for Discovery (docket entry #44) is DENIED. 2. The Clerk is directed to REFRAIN FROM DOCKETING any future written discovery from Plaintiff. Dated this 16th May, 2011. UNITED STATES MAGISTRATE JUDGE -2-

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