Obando v. Zavaras et al

Filing 24

MINUTE ORDER denying 21 Motion to Compel "Martinez Report", by Magistrate Judge Kristen L. Mix on 1/3/2012.(jjpsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01372-CMA-KLM
ALEX OBANDO,
Plaintiff,
v.
ARISTEDES W. ZAVARAS, DOC Executive Director,
TOM CLEMENTS, DOC Executive Director,
SUSAN JONES, CSP Warden,
MICHELLE NYCZ, Classification Chairperson,
JAMES OLSON, Committee Chairperson,
DAN DENNIS, Committee Member, and
JOHN DOE, CSP Assistant Administrative Head,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Compel “Martinez Report”
[Docket No. 21; Filed December 27, 2011] (the “Motion”). In the Motion, Plaintiff seeks a
Court Order compelling Defendants to file specified documents with the Court. However,
a scheduling conference has not yet occurred in this matter. Thus, requests for discovery
are premature. See Fed. R. Civ. P. 26(f). Further, once the period for discovery has
commenced, Plaintiff must first make such requests for discovery materials directly to
Defendants. See generally Fed. R. Civ. P. 26.
To the extent that Plaintiff is seeking copies of documents to assist the Court in
resolving the pending Motion to Dismiss [Docket No. 15; Filed November 21, 2011], the
request is not appropriate. Plaintiff has already responded to the Motion to Dismiss.
[Docket No. 18; Filed December 19, 2011; Docket No. 19; Filed December 27, 2011]
Further, the Court has the ability to obtain appropriate documents if necessary for
adjudication of the pending motion. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED.

Dated: January 3, 2012