Riddle v. Wilson et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:24-cv-00115-GCM
JOSEPH WAYNE RIDDLE, )
)
Plaintiff, )
)
vs. ) ORDER
)
C.J. WILSON, et al., )
)
Defendants. )
___________________________________ )
THIS MATTER is before the Court on Plaintiff’s “Interrogatories[,] Requests for
Admission[, and] Dispositions of Fact Witnesses.” [Doc. 21].
Pro se Plaintiff is currently detained at the McDowell County Jail in Marion, North
Carolina. On April 17, he filed this action pursuant to 42 U.S.C. § 1983. [Doc. 1]. Plaintiff’s
Complaint survived initial review in accordance with the Court’s Order and the Court entered its
Pretrial Order and Case Management Plan. [Docs. 6, 13]. Recently, the Court allowed Plaintiff
to amend and supplement his Complaint. [Docs. 18, 20].
Plaintiff has now filed a discovery request directed to Defendants. [Doc. 21]. This filing
is improper and will be stricken from the record in this matter. As Plaintiff was expressly
advised in the Order of Instructions, discovery requests are not filed with the Court. [See
Standing Order, ¶ 7]. They should only be served on the opposing party. Moreover, a pro se
plaintiff cannot serve documents on an opposing party by filing them with the Court.
Plaintiff is cautioned to review the Standing Order of Instructions, the Local Rules
of this Court, and the Federal Rules of Civil Procedure before filing documents with this
Court. Any future improper filings may be summarily dismissed and/or stricken from the
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record.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiff’s “Interrogatories[,] Requests for
Admission[, and] Dispositions of Fact Witnesses” [Doc. 21] is STRICKEN from the record in
this matter.
IT IS SO ORDERED.
Signed: September 16, 2024
Case 1:24-cv-00115-GCM Document 22 Filed 09/16/24 Page 2 of 2