Oxendine-Bey v. Mitchell et al

Filing 13

ORDER denying as premature 11 Motion to Compel; denying as premature 12 Motion for Admissions. Signed by Chief Judge Frank D. Whitney on 6/4/2015. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-651-FDW
CHRISTOPHER OXENDINE-BEY,

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Plaintiff,
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vs.
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JOHN MITCHELL, et al.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion to Compel Production of
Documents, (Doc. No. 11), and on Plaintiff’s Motion for Admissions, (Doc. No. 12). In support
of such motions, Plaintiff seeks various forms of discovery from Defendants.
Plaintiff’s motions will be denied as premature because discovery has not commenced in
this action. Summonses were issued to the U.S. Marshals Service for service on Defendants on
May 18, 2015, and the summonses have not been returned to the Court. 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) Plaintiff’s Motion to Compel Production of Documents, (Doc. No. 11), and Plaintiff’s
Motion for Admissions, (Doc. No. 12), are DENIED as premature.

Signed: June 4, 2015