Gary v. Pace

Full title: JOHN ART GARY Plaintiff, v. DARREN PACE, ET AL. Defendants

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jul 12, 2005

No. 3-05-CV-0202-M (N.D. Tex. Jul. 12, 2005)

Opinion

No. 3-05-CV-0202-M.

July 12, 2005

ORDER

JEFF KAPLAN, Magistrate Judge

Plaintiff John Art Gary, appearing pro se, has filed a motion for discovery in this civil rights action brought under 42 U.S.C. § 1983. At issue are certain documents and materials related to his claims against the McDonald's employees named in his original complaint. On March 21, 2005, the magistrate judge recommended that all claims against these private defendants be dismissed. See Gary v. Pace, 2005 WL 659036 (N.D. Tex. Mar. 21, 2005). If that recommendation is adopted by the district judge, plaintiff will not be entitled to any of the discovery he seeks. Therefore, the court determines that no discovery should be permitted until the district judge rules on plaintiff's objections to the recommendation.

Plaintiff's motion for discovery is denied without prejudice. If the district judge rejects the magistrate judge's recommendation and determines that process should be issued to the private defendants named by plaintiff in his original complaint, plaintiff may serve his discovery requests on defendants or their attorney in accordance with Fed.R.Civ.P. 33 34.

SO ORDERED.