Dallas, GA asked in Civil Rights for Georgia

Q: a pro se inmate plaintiff

Does a pro se inmate plaintiff in a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board need to get the Court's permission to conduct discovery of the defendant Parole Board chairman? If Yes, is permission requested by Motion? If No, when can discovery begin? (and what about Fed. R. of Civil. Proc., R. 26(f)?)

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James L. Arrasmith
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Answered

A: As a pro se inmate plaintiff filing a Sec. 1983 Civil Rights complaint against the chairman of the state Parole Board, you do not automatically need the court's permission to conduct discovery. Generally, discovery can begin after the parties have conferred as required by Rule 26(f) of the Federal Rules of Civil Procedure, which involves developing a discovery plan.

However, if you're facing specific obstacles, such as objections from the defendant or restrictions due to your incarceration, you might need to seek the court's intervention. In such cases, you would request permission through a motion, explaining why discovery is necessary and how it will be conducted.

It's essential to familiarize yourself with the rules and procedures to effectively manage your case. Make sure to follow the timelines and requirements outlined in Rule 26(f) to ensure that your discovery process proceeds smoothly.

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