Quinn v. Warden, Chillicothe Correctional Institution

Filing 15

ORDER STRIKING 14 Request for Production of Documents. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/29/2011. (kjm1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

RICHARD L. QUINN, JR.,
Plaintiff,
Civil Action 2:11-cv-00268
Judge James L. Graham
Magistrate Judge E.A. Preston Deavers

v.

ROBIN KNAB, WARDEN,
Defendant.

ORDER
Plaintiff, Richard L. Quinn, Jr., has filed his request for production of documents. (ECF
No. 14.) The Court has not ordered Plaintiff to file his document requests. Moreover, Plaintiff
has not utilized his document requests in a court proceeding. Plaintiff has thus filed this
document in violation of Federal Rule of Civil Procedure 5(d)(1). Rule 5(d)(1) provides in
pertinent part:
[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and
responses must not be filed until they are used in the proceeding or the court
orders filing: depositions, interrogatories, requests for documents or tangible
things or to permit entry onto land, and requests for admission.
Fed. R. Civ. P. 5(d)(1). The Court therefore STRIKES Plaintiff’s discovery documents. (ECF
No. 14.) Additionally, the Court DIRECTS Plaintiff to cease filing his discovery requests
unless and until they are used in a proceeding or the Court orders otherwise. The Court notes,
however, that striking this document from docket “does not prevent [it] from being effective.”
Valente v. Univ. of Dayton, No. 2009 WL 2132631, at *1 (S.D. Ohio, July 13, 2009). Instead,

the purpose of Rule 5(d)(1) and of striking the documents is maintain an orderly docket and “to
avoid crowding the clerks’ offices with bulky discovery documents in the time before electronic
filing.” Id.
IT IS SO ORDERED.

Date: April 28, 2011

/s/ Elizabeth A. Preston Deavers
Elizabeth A. Preston Deavers
United States Magistrate Judge

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