Cordell v. Doe McKinny

Filing 40

DECISION AND ORDER - All discovery herein is stayed until a decision on Defendant's impending motion to dismiss, which must be filed by March 1, 2011. Plaintiff's "Motion for Discovery and Motion for a Stay for Want and the Issuance o f a Subpoena" (Doc. No. 38) is denied without prejudice to its renewal after the discovery stay has been lifted. No subpoena will be issued at this time. However, Defendant's counsel shall give notice to the appropriate Greene County offici al in the nature of a litigation hold to maintain all evidence, including electronic evidence, relevant to this case for purposes of eventual discovery. Regarding Plaintiff's renewed request for appointment of counsel, as Plaintiff has been told before (1) no attorney can be compelled to take the case without being paid and (2) Congress has not appropriated any money for such a payment. Signed by Magistrate Judge Michael R Merz on 2/8/2011. (kpf1)