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Antoine v. Wexford Medical Services

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

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