Opinion
CIV. ACT. NO. 1:19-cv-321-TFM-MU
11-18-2019
IN RE PETITION OF DAVID LUCAS, #180728
MEMORANDUM OPINION AND ORDER
On August 22, 2019, the Magistrate Judge entered a Report and Recommendation (Doc. 5) which recommends denial of David Lucas' petition for Rule 27 Pre-Action Discovery (Doc. 1). Plaintiff timely filed objections (Doc. 8).
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner's Objections are OVERRULED, the Rule 27 Petition for Pre-Action Discovery (Doc. 1) is DENIED, and this action DISMISSED without prejudice.
Further, as part of his objections, Plaintiff acknowledges the procedural deficiencies and requests the opportunity to amend his petition to comply with all requirements of the rules. For the reasons noted in the Report and Recommendation, the Court notes that Lucas must be able to establish all elements of the rule and by his own admissions (he "expects to be a party to several actions..."), he currently fails and the Court will not permit him to withdraw those particular statements. Therefore, the request to amend this action is DENIED.
DONE and ORDERED this the 18th day of November 2019.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE