Covington v. Duncan et al

Filing 18

ORDER denying Plaintiff's 17 First Request for Production of Document. Signed by Chief Judge Frank D. Whitney on 12/15/2017. (Pro se litigant served by US Mail.)(nvc)

DISTRICT COURT OF THE UNITED STATES
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16-cv-134-FDW
KARL L. COVINGTON, JR.,

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Plaintiff,
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vs.
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FNU DUNCAN, et al.,
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Defendants.
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___________________________________ )

ORDER

THIS MATTER is before the Court on pro se Plaintiff’s First Request for Production of
Document, (Doc. No. 17).
Plaintiff has filed a pro se civil rights case raising an Eighth Amendment claim that passed
initial review on November 28, 2017. (Doc. No. 15). Service of process is underway. (Doc. No.
16).
Plaintiff’s discovery motion is premature. See Fed. R. Civ. P. 26(c) (as a general matter, a
party must make initial disclosures at or within 14 days after the parties Rule 26(f) conference);
Local Rule 26.1 (“Official Court-ordered and enforceable discovery does not commence until
issuance of the scheduling order.”). Moreover, routine discovery requests should not be filed with
the Court. See Local Rule 26.2 (“The parties shall not file any initial disclosures, designations of
expert witnesses and their reports, discovery requests or responses therto, deposition transcripts,
or other discovery material unless: (1) directed to do so by the Court; (2) such materials are
necessary for use in an in-court proceeding; or (3) such materials are filed in support of, or in
opposition to, a motion or petition.”).
IT IS, THEREFORE, ORDERED that:
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1.

Plaintiff’s First Request for Production of Document, (Doc. No. 17), is
DENIED.

Signed: December 15, 2017

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