R. STAN BAKER, Magistrate Judge.
This matter is before the Court on Defendants' First Motion to Dismiss Plaintiff's Complaint filed on March 29, 2016. (Doc. 25.) Additionally, Plaintiff has filed a Motion to Compel. (Doc. 27.) For the reasons set forth below, the Court
In his Motion to Compel, Plaintiff requests that the Defendants produce the surveillance tape from Glynn County Jail for February 16, 2015. (Doc. 27, p. 1.) Plaintiff is advised that pursuant to Federal Rule of Civil Procedure 5(d)(1), discovery materials, to include Requests for Production of Documents, are not filed with the Court until such time as they are used in the proceeding or the court orders filing. Plaintiff need not come to the Court to request discovery. Rather, he should go to the Defendants directly. The Court in its December 28, 2015 Order and Report and Recommendation previously provided instructions to Plaintiff pertaining to the litigation of this action including discovery measures. (Doc. 15.) Plaintiff is again urged to carefully read and follow those instructions.
Furthermore, liberally construing Plaintiff's request as a motion to compel rather than a discovery request to Defendant, the Court notes that Plaintiff's motion fails to comply with this Court's Local Rule 26.5. Plaintiff is advised that Motions shall include the reasons assigned as supporting the motion, which shall be written in immediate succession to one another. Plaintiff has not complied with this requirement. Additionally, Plaintiff has not stated what grounds, if any, he has for the Motion, nor has he provided any reasons which he believes support his Motion. Therefore, the Court has insufficient information to assess the validity of Plaintiff's motion. Moreover, when moving for a motion to compel discovery requests, the movant must certify that he has in good faith conferred or attempted to confer with the person or party that allegedly failed to make the disclosure in an effort to obtain a response without Court action. Fed. R. Civ. P. 37(a)(1). Plaintiff's Motion includes no indication that he sought this information from Defendant before coming to the Court. For these reasons, the Court
A motion to dismiss is dispositive in nature, meaning that the granting of a motion to dismiss results in the dismissal of individual claims or an entire action. Consequently, the Court is reluctant to rule on the Motion to Dismiss without receiving a response from the Plaintiff or ensuring that Plaintiff is advised of the potential ramifications caused by his failure to respond. Once a motion to dismiss is filed, the opponent should be afforded a reasonable opportunity to respond to or oppose such a motion. This Court must consider that the Plaintiff in this case is a pro se litigant.
The granting of a motion to dismiss without affording the plaintiff either notice or any opportunity to be heard is disfavored.
Accordingly, Plaintiff is hereby
To assure that Plaintiff's response is made with fair notice of the requirements of the Federal Rules of Civil Procedure regarding motions to dismiss, generally, and motions to dismiss for failure to state a claim upon which relief may be granted, the Clerk of Court is hereby instructed to attach a copy Federal Rules of Civil Procedure 41 and 12 to the copy of this Order that is served on the Plaintiff.
(emphasis added).