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)

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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

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