Woodruff v. Melton et al

Filing 22

ORDER denying 20 Motion for Evidentiary Discovery. Signed by Magistrate Judge Joe Brown on 12/12/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
VINCENT D. WOODRUFF,
Plaintiff
v.
W.B. MELTON, SHANNON HARVEY,
JOHN McCLOUD, and DEBBIE DECK,
Defendants

)
)
)
)
)
)
)
)
)
)

No. 2:13-0085
Judge Sharp/Brown
Jury Demand

O R D E R
The

Plaintiff

has

filed

a

motion

for

evidentiary

discovery (Docket Entry 20). In this motion he lists a number of
items he requests in discovery from various of the Defendants. The
motion as such is DENIED. Discovery requests should be sent to the
attorneys for the Defendants. The Court will only become involved
if the Defendants file a motion for a protective order or the
Plaintiff files a motion to compel after the Defendants have
declined to respond. Parties have 30 days after discovery requests
are served to respond. The actual discovery request should not be
filed with the court unless there is an actual discovery dispute.
In reviewing the case file, the Plaintiff has sought to
sue John McCloud. The United States Marshals Service has returned
that summons unexecuted with the notation that the address for Mr.
McCloud is not valid.
The Plaintiff should provide the court with a valid
address so that service may again be attempted. The Plaintiff is
cautioned that failure to obtain service of process on a defendant

within 120 days can result in the dismissal of the claims against
that defendant, absent a motion requesting an extension of time
with good cause shown.
The Magistrate Judge will enter a scheduling order in
this matter once the service of process on the Mr. McCloud has
either been accomplished or it is apparent that claims against him
will have to be dismissed for failure to obtain service of process.
The Plaintiff is cautioned that as a pro se Plaintiff he
may only represent claims that are personal to him. A brief review
of his complaint seems to indicate that he is attempting to file
claims

on

concerning

behalf
his

of

other

conviction.

individuals
Issues

and

concerning

to

raise

his

issues

conviction

normally require requests for relief through the state system.
Federal relief is generally only obtainable through a petition for
habeas corpus after a petitioner has exhausted his state remedies
in the criminal matter.
The stay of discovery is lifted as to those Defendants
that have been served.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

2