Gordon v. Bertsch et al

Filing 9

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 7 Motion for Discovery without prejudice. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT NORTH DAKOTA
SOUTHWESTERN DIVISION
Michael Gordon,
Plaintiff,
vs.
Leann K. Bertsch, et. al.,
Defendants.

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ORDER DENYING MOTION FOR
DISCOVERY

Case No. 1:15-cv-026

On March 25, 2015, plaintiff submitted, amongst other things, a proposed amended
complaint. On March 26, 2016, he filed a “Motion for Discovery.”
The court must screen plaintiff’s amended complaint.1 Assuming that the court ultimately
orders that the amended complaint be served, defendants must be afforded time to file a responsive
pleading. Once defendants have filed a responsive pleading, the parties will likely be directed to
submit proposed scheduling and discovery plans. Until this occurs, the court will not permit
discovery. Fed. R. Civ. P. 26(d) (“A party may not seek discovery from any source before the
parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial
disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court
order.”)

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Congress enacted the Prison Litigation Reform Act of 1995 ("PLRA") to address the burdens imposed by
prisoner suits that too often are frivolous and without merit. Jones v. Bock, 549 U.S. 199, 202-03 (2007); Woodford v.
Ngo, 548 U.S.81, 84 (2006). One of the reforms enacted as part of the PLRA for cases in which prisoners are seeking
to sue a governmental entity, officer, or employee is the requirement that courts conduct an early screening to weed out
claims that clearly lack merit. 28 U.S.C. § 1915A. In conducting the screening, the court is required to identify any
cognizable claims and to dismiss the complaint, or any part of it, that is frivolous, malicious, fails to state a claim, or
seeks monetary relief from an immune defendant. Id.

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Plaintiff’s “Motion for Discovery” (Docket No. 7) is premature and is therefore DENIED
without prejudice.
Dated this 31st day of March, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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