Flaugher v. Hastings et al

Filing 14

ORDER Denying without Prejudice 13 Motion for Discovery. Signed by Magistrate Judge Lawrence R. Leavitt on 12/17/10. (Copies have been distributed pursuant to the NEF - MMM)

-LRL Flaugher v. Hastings et al

Doc. 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. JOEL D. HASTINGS, et al., Defendants. DOUGLAS W. FLAUGHER, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) )

2:09-cv-01919-PMP-LRL 2:10-cv-01919-PMP-LRL ORDER

Before the court is plaintiff's Motion for Discovery (#13). Plaintiff filed an Application to Proceed In Forma Pauperis, which the court granted on May 13, 2010. Plaintiff's Complaint (#8) was filed that day. Proof of service was due by September 13, 2010. On September 24, 2010, the court issued a notice of Intent to Dismiss (#12), explaining that plaintiff had yet to serve any defendant with summons and a copy of the Complaint pursuant to Fed. R. Civ. P. 4(m). The Rule 4(m) deadline for service was reset to October 24, 2010. On October 18, 2010, plaintiff filed the instant Motion for Discovery requesting the court's assistance in finding out who the defendants are and where to find them. While plaintiff is entitled to serve the defendants named in this action, assuming they are correctly identified, and the court is obligated to assist him, see 28 U.S.C. § 1915(d), plaintiff must first obtain appropriate addresses or identify appropriate agents to accept service for them. Plaintiff may be able to locate some defendants through the process of discovery. However, discovery in this case has not commenced. "A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)." Fed.R.Civ.P. 26(d). Plaintiff must first effectuate service on at least one defendant named in his case, and the defendant so served must first file an Answer or otherwise make an appearance before the parties are entitled to hold a Rule 26(f) conference. See Local Rule 26-1. Accordingly, and for cause demonstrated,

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

IT IS ORDERED that plaintiff's Motion for Discovery (#13) is denied without prejudice. DATED this 17th day of December, 2010.

LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE

2