IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

RONALD BLOODWORTH, 

 Plaintiff, 

 vs. Civil Action 2:10-CV-1121 

 Judge Marbley 

 Magistrate Judge King 

WARDEN DEBORA A. TIMMERMAN-COOPER, 

et al., 

 Defendant. 

OPINION AND ORDER

 Plaintiff, now an inmate at the Toledo Correctional Institution 

[“ToCI”], filed this case on January 3, 2011. Complaint, Doc. No. 5. 

On January 19, 2012, the court ordered that all discovery be completed 

no later than June 30, 2012. Order and Report and Recommendation, 

Doc. No. 72, p. 11. On July 31, 2012, upon defendants’ unopposed 

motion, the Court extended the discovery deadline to October 31, 2012, 

and the deadline to file motions for summary judgment to November 30, 

2012. Order, Doc. No. 102. 

 Defendants filed a motion for summary judgment on November 27, 

2012, Doc. No. 112. Plaintiff sought and was granted three (3) 

extensions of time in which to respond to the motion. Motions, Doc. 

Nos. 116, 119, 121; Orders, Doc. Nos. 117, 120, 122. In its most 

recent extension of time – to February 25, 2013 - the Court expressly 

warned plaintiff that there would be no further extension of the time 

to respond to defendants’ motion for summary judgment. Order, Doc. 

No. 122. Nevertheless, plaintiff has not filed a response to 

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defendants’ motion for summary judgment. This matter is now before 

the Court on Plaintiff’s Affidavit Pursuant to F.R.C.P. 56(f) 

(“Plaintiff’s Motion”), Doc. No. 124, which the Court construes as a 

motion under Rule 56(d) to permit additional discovery. 

 Rule 56(d) of the Federal Rules of Civil Procedure, formerly Rule 

56(f), establishes the proper procedure to be followed when a party 

concludes that additional discovery is necessary to respond to a 

motion for summary judgment: 

When Facts Are Unavailable to the Nonmovant. If a 

nonmovant shows by affidavit or declaration that, for 

specified reasons, it cannot present facts essential to 

justify its opposition, the court may: 

 (1) defer considering the motion or deny it; 

 (2) allow time to obtain affidavits or declarations or to 

take discovery; or 

 (3) issue any other appropriate order. 

Fed. R. Civ. P. 56(d). The affidavit or declaration required by the 

rule must “indicate to the district court [the party’s] need for 

discovery, what material facts [the party] hopes to uncover, and why 

[the party] has not previously discovered the information.” Cacevic 

v. City of Hazel Park, 226 F.3d 483, 488 (6th Cir. 2000) (citing 

Radich v. Goode, 866 F.2d 1391, 1393-94 (3d Cir. 1989)). A motion 

under Rule 56(d) may be properly denied where the requesting party 

“̔makes only general and conclusory statements [in the supporting 

affidavit or declaration] regarding the need for more discovery and 

does not show how an extension of time would have allowed information 

related to the truth or falsity of the [document] to be discovered,’” 

Ball v. Union Carbide Corp., 385 F.3d 713, 720 (6th Cir. 2004) 

(quoting Ironside v. Simi Valley Hosp., 188 F.3d 350, 354 (6th Cir. 

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1999)), or where the affidavit or declaration “lacks ‘any details’ or 

‘specificity.’” Id. (quoting Emmons v. McLaughlin, 874 F.2d 351, 357 

(6th Cir. 1989)). The importance of complying with Rule 56(d) cannot 

be over-emphasized. See Cacevic, 226 F.3d at 488. Finally, whether 

or not to grant a request for additional discovery falls within the 

trial court’s discretion. Egerer v. Woodland Realty, Inc., 556 F.3d 

415, 426 (6th Cir. 2009). 

 In the case presently before the Court, plaintiff argues that he 

propounded numerous discovery requests to which defendants have not 

properly responded and that he needs additional discovery in order to 

respond to defendants’ motion for summary judgment. Plaintiff further 

argues that ToCI officials waged a “mail tampering campaign” against 

him and caused him to “cease [] attempts to mail anything . . . unless 

absolutely necessary.” Plaintiff’s Motion, ¶ 110. As a result, 

plaintiff “did not engage in additional discovery after September[] 

2012, to obtain the additional evidence identified” in his current 

motion. Id. Plaintiff’s Motion is without merit. 

Plaintiff has had more than nine (9) months to conduct discovery 

in this case. See Order and Report and Recommendation, Doc. No. 72, p. 

11; Order, Doc. No. 102. He apparently chose to “not engage in 

additional discovery” during the final month of the discovery period, 

see Plaintiff’s Motion, ¶¶ 30, 110. Moreover, the Court is not 

convinced that plaintiff actually requires additional discovery in 

order to respond to defendants’ motion for summary judgment; his 

three (3) requests for an extension of time made no mention of the 

need for discovery. Cf. Motion, Doc. No. 116 (referring to limited 

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access to legal materials); Motion, Doc. No. 119 (referring to the 

demands of other litigation); Motion, Doc. No. 121 (referring to the 

demands of other litigation and limited access to legal materials). 

Plaintiff has simply not shown that he was diligent in pursuing the 

information that he now seeks. 

Plaintiff’s Motion, Doc. No. 124, is therefore DENIED. 

Nevertheless, plaintiff may have until March 27, 2013 to respond to 

defendants’ motion for summary judgment, Doc. No. 112. 

There will be no further extension of this date. If plaintiff 

fails to file a response to defendants’ motion for summary by March 

27, 2013, the affidavits or other papers submitted in support of 

defendants’ motion for summary judgment will be accepted as true by 

the Court. See Fed. R. Civ. P. 56(c). 

March 12, 2013 s/Norah McCann King______ 

 Norah McCann King 

 United States Magistrate Judge 

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