Barnes v. Fedele et al

Filing 34

ORDER denying plaintiff's 32 Motion for Discovery. Plaintiff must respond to the defendant's motion to dismiss on or before 4/1/09. Signed by Hon. David G. Larimer on 2/25/09. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ ARRELLO BARNES, Plaintiff, DECISION AND ORDER 07-CV-6197L v. FEDELE, et al., Defendants. ________________________________________________

By letter dated February 6, 2009, plaintiff seeks "discovery" before responding to defendants' motion to dismiss which was filed pursuant to FED. R. CIV. P. 12(b). The motion for discovery is denied. Unlike a summary judgment motion, a motion to dismiss speaks just to what is contained in the complaint, and no information, outside of that, may be considered by the court in deciding the motion. Plaintiff must respond to the defendant's motion to dismiss on or before April 1, 2009. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York February 25, 2009.