McGlothin v. Harrington et al

Filing 57

ORDER DENYING 54 Plaintiff's Motion for Discovery signed by Magistrate Judge Gerald B. Cohn on 11/16/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL JOHN MCGLOTHIN,

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CASE NO. 1:10-cv-00247-AWI-GBC (PC)

Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR DISCOVERY

v.

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K. HARRINGTON, et al.,

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Doc. 54

Defendants.
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On February 16, 2010, Plaintiff Michael John McGlothin (“Plaintiff”), a state prisoner

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proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. On June 21, 2011, the

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Court found a cognizable Eighth Amendment conditions of confinement claim, for forcing Plaintiff to

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wear dirty mitts during contraband watch against Castro, Jose, Steen, and J. Torres, and dismissed all

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other claims and defendants. Doc. 14. On May 4, 2012, the Court issued a discovery and scheduling

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order, setting a discovery deadline of January 4, 2013, and a dispositive motion deadline of March 14,

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2013. Doc. 43.

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On August 22, 2012, Plaintiff filed a “motion for discovery.” Doc. 54.

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As a preliminary matter, Plaintiff shall not file discovery requests with the Court. See First Info.

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Order at 4-5, Doc. 3. Thus, if Plaintiff is simply asking for discovery, he must send his discovery

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requests directly to Defendants and may not file his requests with the Court. Local Rules 250.2, 250.3,

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250.4.

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If Plaintiff is seeking to compel documents, he must first show that he made a proper request and

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that Defendants failed to properly respond. In Plaintiff’s motion, he does not state that he made the
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requests to Defendants prior to filing his motion. Doc. 54. Under Rule 37 of the Federal Rules of Civil

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Procedure, the court may order a party to provide further responses to “an evasive or incomplete

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disclosure, answer, or response.” See Fed. R. Civ. P. 37(a)(3).

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Plaintiff makes no representation that he served discovery requests on Defendants prior to the

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filing of his motion. Thus, Plaintiff did not follow the proper procedure in accordance with Federal Rule

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of Civil Procedure 37(a)(3).

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Accordingly, Plaintiff’s motion for discovery is DENIED.
IT IS SO ORDERED.

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Dated:
7j8cce

November 19, 2012
UNITED STATES MAGISTRATE JUDGE

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