Opinion
6:22-cv-1298-WWB-LHP
10-24-2022
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION TO COMPEL (Doc. No. 24)
FILED: October 20, 2022
THEREON it is ORDERED that the motion is DENIED.
Plaintiff, proceeding pro se, has filed a motion seeking to compel Defendants to respond to discovery that he contends he attached to his original complaint. Doc. No. 24. The motion is due to be denied because discovery has not yet opened in this case. See Fed.R.Civ.P. 26(d)(1) (“A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f). .. .”); Fed.R.Civ.P. 26(f) (setting forth the requirements and timing for a case management conference). It does not appear that the parties have yet conducted their case management conference, and no case management report has yet been filed -indeed, it appears that several Defendants have not yet been served or made an appearance in this case. Thus, discovery has not yet commenced, and the motion to compel (Doc. No. 24) is DENIED.
Plaintiff is again reminded that a pro se litigant “is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.” Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.), cert. denied, 493 U.S. 863 (1989).
DONE and ORDERED.