Carter v. Allen

Filing 19

ORDER: denying without prejudice 12 Motion for Subpoena of Documents, by Magistrate Judge Boyd N. Boland on 6/15/11.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-01149-CMA-BNB
JOSEPH SCOTT CARTER,
Plaintiff,
v.
DOCTOR SHARON ALLEN, M.D.,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion for Subpoena of Documents [Doc. #12,
filed 06/06/2011] (the “Motion”). The plaintiff requests that the court issue a subpoena to the
Colorado Mental Health Institute at Pueblo (“CMHIP”) for all of his medical records.
The plaintiff states that the defendant is employed by CMHIP. The court has recently
issued an order directing the United States Marshal to serve the defendant [Doc. #16]. A
Scheduling Conference has not been held, and discovery has not yet commenced. Upon
commencement of discovery, the plaintiff may be able to obtain from the defendant the records
he seeks. Accordingly,
IT IS ORDERED that the Motion is DENIED WITHOUT PREJUDICE as premature.
Dated June 15, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge