Harper v. Lemon et al

Filing 24

ORDER denying as premature 22 Motion to Compel Production of Documents and Tangible Things; denying 23 Motion to Compel Interrogatories. Signed by Chief Judge Frank D. Whitney on 09/01/2015. (Pro se litigant served by US Mail.)(jlk)

DISTRICT COURT OF THE UNITED STATES
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-182-FDW
MICHAEL S. HARPER,

)
)
Plaintiff,
)
)
vs.
)
)
TERRY LEMON,
)
FNU WHITLEY,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion to Compel Production of
Documents, (Doc. No. 22), and Plaintiff’s Motion to Compel Interrogatories, (Doc. No. 23).
Plaintiff’s motions will be denied as premature because discovery has not commenced in this
action.1 Plaintiff is advised that discovery in this action does not commence until after
Defendants have been served and answered or otherwise responded to the Complaint, and after
the Court has entered a Pretrial Order and Case Management Plan in this matter setting forth
deadlines for discovery and dispositive motions. Moreover, once discovery commences,
Plaintiff must seek discovery from Defendants directly rather than filing motions with the Court.

IT IS THEREFORE ORDERED THAT:

1

The Court has allowed limited discovery only to the extent that Plaintiff may contact the
North Carolina Attorney General directly to determine the correct name of Defendant FNU
Whitley. (Doc. No. 21).

Plaintiff’s Motion to Compel Production of Documents, (Doc. No. 22), and Plaintiff’s
Motion to Compel Interrogatories, (Doc. No. 23), are DENIED as premature.