Opinion
CASE NO. 4:12-cv-508-GRJ
01-31-2013
JAMES EDWARD RIVERS, Plaintiff, v. TENA PATE, et al., Defendants.
ORDER
This cause is before the Court on Plaintiff's motion for subpoena. (Doc. 11.) Plaintiff wishes to subpoena records of similarly situated inmates from the Florida Parole Commission. The Court construes this request as a motion for discovery. Until such time as the Court issues a scheduling order, any motion for discovery is premature. A scheduling order is typically entered after an answer is filed. Defendants have not yet filed an answer in this case and the deadline to do so has not passed.
Accordingly, it is ORDERED AND ADJUDGED:
Plaintiff's motion for subpoena (Doc. 11), construed as a motion for discovery, is DENIED as premature.
DONE AND ORDERED this 31st day of January 2013.
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GARY R. JONES
United States Magistrate Judge