Opinion
4:20-CV-00192-GHD-DAS
10-04-2021
DEAN C. BOYD PLAINTIFF v. REGINALD-C.N.A., COLLIER-RADIOLOGIST DEFENDANTS
ORDER GRANTING DEFENDANT'S MOTION FOR LIMITED DISCOVERY
DAVID A. SANDERS, UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court upon Defendant Collier-Radiologist's motion [35] for leave to conduct limited discovery. Plaintiff Dean C. Boyd filed the instant civil rights action against Defendants “Reginald-C.N.A.” and “Collier-Radiologist” believing them to be employees of the Mississippi Department of Corrections (“MDOC”). Doc. # 1. After learning that Defendants were not MDOC employees, the Court entered a Process Order on June 9, 2021, directing that they be served with process. Doc. # 19. Service of process for Defendant Collier was executed on June 15, 2021, see Doc. # 23, and Collier filed an answer to Boyd's complaint on August 2, 2021. Doc. 27. On August 4, 2021, the Court entered a Scheduling Order setting out various deadlines and directing Defendant(s) to provide Boyd with limited discovery, particularly MDOC institutional records relevant to the claims asserted. Doc. # 29. Defendant Collier, however, is not an MDOC employee, and, consequently, does not have access to such records. See Doc. # 35. Thus, Collier now moves for leave to subpoena the relevant records from MDOC so that they may be produced to Boyd as required by the Court's order. Id. The Court finds the instant motion [35] is well-taken and is, therefore, GRANTED. Accordingly, Defendant Collier is permitted leave to conduct the limited discovery as requested.
SO ORDERED.