Scott v. Groves et al

Filing 22

ORDER DENYING PLAINTIFF'S 21 Motion Requesting Discovery. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES SCOTT #124522
Plaintiff,

No. 14-12123

v.

District Judge John Corbett O’Meara
Magistrate Judge R. Steven Whalen

CHERYL GROVES,
ET AL.,
Defendants.
/
ORDER DENYING PLAINTIFF’S MOTION FOR DISCOVERY [Docket #21]
Plaintiff James Scott, currently a Michigan Department of Correction (“MDOC”)
inmate, filed suit on May 22, 2014 alleging Due Process and First Amendment retaliation
claims by MDOC staff members. On September 5, 2014, Defendants Cheryl Groves, Gayle
Leach, and Randall Haas filed a motion for summary judgment. Docket #16.
Currently before the Court is Plaintiff James Scott’s Motion for Discovery, filed
October 10, 2014. Docket #21. The Court will deny Plaintiff’s motion for discovery pending
resolution of the summary judgment motion or upon further order of the Court. “‘Trial courts
have broad discretion and inherent power to stay discovery until preliminary questions that
may dispose of the case are determined.’” Gettings v. Building Laborers Local 310 Fringe
Benefits Fund, 349 F.3d 300, 304 (6th Cir.2003))(quoting Hahn v. Star Bank, 190 F.3d 708,

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719 (6th Cir.1999). A stay of discovery is appropriately granted where claims may be
dismissed “ ‘based on legal determinations that could not have been altered by any further
discovery.’ ” Gettings, 349 F.3d at 304 (quoting Muzquiz v. W.A. Foote Mem. Hosp., Inc.,
70 F.3d 422, 430 (6th Cir.1995)).
As a secondary matter, the Court notes that Plaintiff’s discovery requests were
improperly directed to the Court, rather than to Defendants.
For these reasons, Plaintiff’s Motion for Discovery is DENIED without prejudice.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: October 17, 2014
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on October 17, 2014, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the Hon. R. Steven Whalen

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