LESLIE C. SMITH, United States Magistrate Judge.
THIS MATTER comes before the Court on Plaintiff's Motion for Discovery Order (Doc. 21), filed May 6, 2002. This action is a prisoner civil rights claim filed by a pro se party. On October 12, 2001, Plaintiff filed a civil rights complaint in this Court, alleging thirty-two claims for relief arising from alleged conduct by Defendants in violation of various federal and state constitutional and statutory protections. (Doc. 1.) On January 23, 2002, the District Court issued a Memorandum Opinion and Order, dismissing all claims against all Defendants except for Claim Four, a retaliation claim as alleged against Defendant Tafoya in his individual capacity. (Doc. 13.) Defendant Tafoya filed an Answer on March 25, 2002. (Doc. 19.) The Court finds that Plaintiff's Motion for Discovery Order, should be denied, but that the following schedule should be imposed.
This Court may order defendants in a case brought by a prisoner proceeding pro se to submit a special report (Martinez report) to investigate the incident or incidents which form the basis for a plaintiff's lawsuit. See Martinez v. Aaron, 570 F.2d 317, 320 (10th Cir. 1978). The Tenth Circuit has authorized this Court to require a Martinez report to develop a factual or a legal basis for determining whether a prisoner plaintiff has a meritorious claim. See, e.g., Gee v. Estes, 829 F.2d 1005, 1007 (10th Cir. 1987). A Martinez report may be used in a variety of procedural situations, including in the context of a motion for, or sua sponte entry of, summary judgment. If a Martinez report is used for summary judgment purposes, however, the pro se plaintiff must be afforded an opportunity to present conflicting evidence to controvert the facts set out in the Martinez report. See Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991).
To assist the Court in evaluating Plaintiff's claims, it is hereby ordered that Defendant Tafoya submit a Martinez report. Defendant Tafoya's' Martinez report shall address Claim Four in numbered paragraphs. Further, documents in support of the report may be submitted simultaneously with the report, but the submission of documents alone, or documents submitted with an index but without an accompanying report, shall not be considered in compliance with this order. Defendant Tafoya shall submit affidavits in support of the report, if necessary. Defendant Tafoya shall prepare a report which shall address whether there are records pertaining to the events averred in Plaintiff's complaint relating to the alleged incidents, and, if so, Defendant Tafoya shall provide copies of those records, which shall include any incident report(s), any treatment records, and any grievance(s) submitted by Plaintiff, as well as any actions taken in response to a grievance.
IT IS FURTHER ORDERED that Defendant Tafoya shall submit the Martinez report NO LATER THAN JUNE 10, 2002. Defendant Tafoya shall serve a copy of the report on Plaintiff, who shall then have until JULY 10, 2002 to respond and or object.
IT IS FURTHER ORDERED that, in the interests of judicial economy, all discovery is hereby stayed until further order of the Court.
THE PARTIES ARE HEREBY GIVEN NOTICE that the Martinez report may be used in deciding whether to grant summary judgment on Plaintiff's claims, whether by motion or sua sponte; the parties should submit whatever materials they consider relevant to Plaintiff's claims. See Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991).
IT IS FURTHER ORDERED that all dispositive motions be filed by AUGUST 12, 2002. Plaintiff shall respond to any dispositive motions by SEPTEMBER 12, 2002, and Defendant Tafoya shall reply, if he so chooses, by OCTOBER 14, 2002.