McGowan v. Schuck et al

Filing 49

ORDER denying 46 Motion to Compel as premature. Signed by Hon. Jonathan W. Feldman on 04/18/2017. A copy of this Order has been sent to pro se plaintiff at Cape Vincent Correctional Facility. (JKT)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________
JOSEPH MCGOWAN,
Plaintiff,

ORDER
12-CV-6557

v.
JOHN A SCHUCK, et al.,
Defendants.
_______________________________
Currently pending before the Court is plaintiff’s motion to
compel

discovery

conference

on

(Docket

April

14,

#

46).

2017

The

with

Court

having

all

parties

held

appearing

a
by

telephone, it is so
ORDERED that defense counsel Gary Levine, Esq. shall bring
a copy of the Inspector General’s report at issue in this case
to plaintiff at Cape Vincent Correctional Facility for review on
April 21, 2017.
identify

the

possession.
provide

to

objections

Plaintiff will review the entire report and

specific

pages

he

requests

to

maintain

in

his

No later than May 5, 2017, defense counsel will
plaintiff
explaining

copies
which

of
pages

the

requested

defendants

maintained in plaintiff’s possession.

pages

object

to

and/or
being

It is further

ORDERED that plaintiff’s pending motion to compel (Docket #
46) is premature as he has not properly served discovery demands
on defendants, as required by Federal Rule of Civil Procedure
37(a)(1).

See

Fed.

R.

Civ.

P.

37(a)(1).

The

motion

is

therefore denied.

Plaintiff indicated his intention to serve

defense counsel in person with discovery demands on April 21,
2017.
SO ORDERED.

_____________________________
JONATHAN W. FELDMAN
UNITED STATES MAGISTRATE JUDGE

Dated: April 18, 2017
Rochester, New York