Miller v. Wal-Mart

Filing 14

ORDER denying 4 Motion to Subpoena Documents. Signed by Magistrate Judge Dennis Howell on 4/2/13. (Pro se litigant served by US Mail.)(nll)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:13cv46 MARK KEVIN M ILLER ) ) Plaintiff, ) ) v. ) ) WAL-MART, ) ) Defendant. ) ___________________________________ ) ORDER Pending before the Court is Plaintiff’s Motion to Subpoena Documents [# 4]. Plaintiff, who is proceeding pro se, requests that the Court order Defendant to produce documents. Plaintiff brought this action on February 22, 2013. Defendant’s answer or response to the Complaint is due April 2, 2013. Because discovery in this case has not yet begun, any motion to produce documents is premature at this time. Accordingly, the Court DENIES without prejudice the motion [# 4]. During the discovery period, Plaintiff may serve Defendant with requests for the production of documents consistent with the Federal Rules of Civil Procedure. Signed: April 2, 2013 -1-

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