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Antoine v. Wexford Medical Services

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 24, 2007

NATHAN ANTOINE, PLAINTIFF,
v.
WEXFORD MEDICAL SERVICES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

Before the Court is Plaintiff's motion for a physical examination (Doc. 12). See FED.R.CIV.P. 35. Such a motion is premature, and it is therefore DENIED without prejudice.

Plaintiff has also filed a motion for preliminary injunction and for declaratory judgment (Doc. 13). The Court previously denied a similar motion for preliminary injunction (see Docs. 4, 10), and the Court finds no reason to issue a preliminary injunction now. Likewise, the Court finds that issuance of a declaratory judgment is not warranted at this time. See 28 U.S.C. § 2201; Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 71 n. 15 (1978); Deveraux v. The City of Chicago, 14 F.3d 328, 330-31 (7th Cir. 1994). Therefore, this motion is also DENIED.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20070924

© 1992-2007 VersusLaw Inc.



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