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Thomas Alan Skalicky v. Kolby Braun

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT NORTH DAKOTA SOUTHWESTERN DIVISION


June 11, 2012

THOMAS ALAN SKALICKY, PLAINTIFF,
v.
KOLBY BRAUN, TROY SCHUTZ, AND LEAN BERSEARCH, DEFENDANTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER (AMENDED)

The plaintiff, Thomas Alan Skalicky ("Skalicky"), initiated the above-entitled action by filing with the court a proposed complaint along with a motion for leave to proceed in forma pauperis. On June 6, 2012, he filed a motion requests leave of court to "to petition the Defendants to answer and respond to interrogatories." Docket No. 10.

The court must screen Skalicky's complaint before ordering that it be served upon defendants.*fn1 Assuming that the court orders that the complaint be served, defendants must be afforded time to file a responsive pleading. Once defendants have filed a responsive pleading, the parties will likely be directed to submit proposed scheduling and discovery plans. Until this occurs, the court is not inclined to order discovery.

In sum, Skalicky's request for leave to serve defendants with interrogatories is premature. His motion (Docket No. 10) is therefore DENIED without prejudice.

Charles S. Miller, Jr.


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