Aicher v. New Mexico Department of Corrections, et al

Filing 16

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 15 Defendant Corizon's Motion for Protective Order (am)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ERIC AICHER, Plaintiff, v. No. 18-cv-0474 RB/SMV NEW MEXICO DEP’T OF CORRS., THE GEO GROUP, INC., and CORIZON HEALTH CARE Defendants. ORDER GRANTING DEFENDANT CORIZON’S MOTION FOR PROTECTIVE ORDER THIS MATTER is before the Court on Defendant Corizon, LLC’s Motion for Protective Order [Doc. 15], filed on June 8, 2018 Plaintiff, an incarcerated person proceeding pro se, filed his civil rights complaint in state court on April 18, 2018. [Doc. 1-1] at 1–30. The case was removed by Defendant Corizon on May 22, 2018. [Doc. 1]. Plaintiff served discovery requests on Defendant Corizon on May 25, 2018, and Corizon now moves for an order protecting it from disclosure of the requested information and materials and from further discovery. See [Doc. 15]. The motion will be granted, and the protective order will issue. This is a civil rights case brought by a pro se prisoner. [Doc. 1-1] at 1–30. As such, the complaint is subject to screening. See 28 U.S.C. § 1915A (requiring review as soon as practicable to identify any cognizable claim and to dismiss any portion of the complaint that is frivolous, malicious, fails to state a claim, and/or seeks monetary relief from a defendant who is immune). Moreover, the local rules of this district exempt this case from discovery (except by agreement of the parties or order of the Court). See D.N.M.LR-Civ. 16.3. IT IS THEREFORE ORDERED that Defendant Corizon, LLC’s Motion for Protective Order [Doc. 15] be GRANTED. IT IS FURTHER ORDERED no discovery be compelled absent further order of the Court. IT IS SO ORDERED. ____________________________________ STEPHAN M. VIDMAR United States Magistrate Judge 2

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