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Ward v. Hulick

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


May 5, 2010

WILLIAM WARD, PLAINTIFF,
v.
DONALD HULICK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff Ward's "Motion to Subpoena Discovery," whereby he requests the Court to order Menard Correctional Center to turnover his medical records for use in the above-captioned case. (Doc. 23).

Defendant Reed has filed a motion challenging whether plaintiff exhausted administrative remedies prior to filing suit, as required by 42 U.S.C. § 1997e(a). (Doc. 26). In accordance with the Trial Practice Schedule previously entered by the Court (Doc. 22) and Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008), discovery regarding the merits of the case is deferred until after the exhaustion issue is determined by the Court.

IT IS THEREFORE ORDERED that plaintiff's "Motion to Subpoena Discovery" (Doc. 23) is DENIED as premature.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20100505

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