Melton v. Simmons, et al

Filing 16

ORDER denying 14 Motion to Compel. Signed by Senior Judge Graham Mullen on December 3, 2008. (jhg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:08CV458-03-MU

DOUGLAS WADE MELTON,

) ) Plaintiff, ) ) v. ) ) SHERRI SIMMONS, et al., ) ) Defendants. ) __________________________________________)

ORDER

THIS MATTER comes before the Court on Plaintiff's Motion to Compel Discovery filed on December 1, 2008 (Document No. 14.) Plaintiff asks this Court to compel multiple non-party entities to provide him with copies of his medical records, presumably without cost. It does not appear, however, that Plaintiff has previously requested these records, either informally through the submission of a signed release, or formally. That being so, a motion to compel is not authorized. Therefore, Petitioner's motion to compel is premature and will be denied.

SO ORDERED.

Signed: December 3, 2008