McIver v. V.A. United States et al

Filing 74

ORDER denying 72 Motion for Dr. Gordon to present Medical Records. Signed by US Magistrate Judge Robert B. Jones, Jr on 3/5/2018. Copy sent to Shirley Verrette McIver via US Mail to 213 McCoy Drive, Bennettsville, SC 29512. (Stouch, L.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:18-CV-9-BO
SHIRLEY VERRETTE MCIVER,
Plaintiff,
ORDER

V.

UNITED STATES OF AMERICA, et al.,
Defendants.

This matter is before the court on pro se Plaintiff's Motion for Dr. Gordon to Present
Medical Records. [DE-72]. The court construes the motion as a motion to compel, and denies it
as premature. A motion to compel discovery is premature where Defendant Gordon has not had
an opportunity to answer the discovery requests. See Fed. R. Civ. P. 37(a)(3) (a motion to compel
discovery may be filed where "a party fails to produce documents or fails to respond that inspection
will be permitted-or fails to permit inspection-as requested under Rule 34.").

Here, no

scheduling order has been entered and it is not apparent that Plaintiff has sought to obtain the
documents from Defendant Gordon. Accordingly, the motion is denied.
Submitted, this the 5th day of March, 2018.