Hobbs v. Faulkner et al

Filing 64

DECISION AND ORDER DENYING MOTION FOR DISCOVERY. Signed by Magistrate Judge Michael R. Merz on 1/16/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
RYAN D. HOBBS,
Plaintiff,

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vs

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Case No. 1:17-cv-441

District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

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DEREK FAULKNER, et al.,

Defendants.

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DECISION AND ORDER DENYING MOTION FOR DISCOVERY

This civil rights case under 42 U.S.C. § 1983 is before the Court on Plaintiff’s Motion for
Discovery (ECF No. 63).
The case is currently pending before District Judge Barrett on the Magistrate Judge’s
Report and Recommendations (ECF No. 44) and Supplemental Report and Recommendations
(ECF No. 56) recommending that this case be dismissed with prejudice. Plaintiff has not shown
good cause to subject Defendants or any of them to discovery in the face of those
recommendations. If the case should survive Judge Barrett’s review, discovery can then be
reconsidered.
Discovery in civil cases in federal court is party-initiated. That is, a party must make an
appropriate demand for discovery of some kinds under Fed. R. Civ. P. 26-37. If the responding
party fails to respond completely, then the party seeking discovery may file a motion to compel
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under Fed. R. Civ. P. 37, subject to the restrictions in that Rule requiring consultation among the
parties before moving to compel.
From the Motion and attachments, it appears that Plaintiff may be seeking to use the federal
court discovery process to obtain documents for use in other courts. Plaintiff should instead use
the processes of the courts which have jurisdiction over those other cases to obtain discovery.
The Motion for Discovery is DENIED.

January 16, 2019.
s/ Michael R. Merz
United States Magistrate Judge

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