Handy v. City of Sheridan et al
Filing
15
MINUTE ORDER denying 13 Motion for Subpoena by Magistrate Judge Kathleen M. Tafoya on 05/08/12.(jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–01015–WYD–KMT
WYATT T. HANDY, JR.,
Plaintiff,
v.
CITY OF SHERIDAN,
DET. KRISTINE BRYANT, Individual & Official, and
OFF. MIKE MONTOYA, Individual & Official,
Defendants.
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
Plaintiff’s “Motion for Subpoena” (Doc. No. 13, filed May 8, 2012) is DENIED. It appears that
Plaintiff seeks to conduct discovery by serving subpoenas on Defendants or other non-parties.
Pursuant to Fed. R. Civ. P. 26(a)(1)(B)(iv), pro se actions brought by individuals in the custody
of the United States, a state, or a state subdivision are a category of proceedings “exempt from
initial disclosure.” Fed. R. Civ. P. 26(a)(1)(B)(iv). Additionally, the local rules of this court
provide that a scheduling order and orders for discovery are unnecessary in categories of
proceedings listed in Fed. R. Civ. P. 26(a)(1)(B). D.C.COLO.LCivR 16.2.B.2. The court
declines to allow discovery prior to the entry of a scheduling order or discovery order. A
preliminary scheduling conference will be set after Defendants have answered or otherwise
responded to Plaintiff’s Complaint.
Dated: May 8, 2012
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