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Knox v. Powers

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


May 19, 2010

CHRISTOPHER KNOX, PLAINTIFF,
v.
DR. MARVIN POWERS, AND TERRY CALIPER, R.N., DEFENDANTS.

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

ORDER

Before the Court is plaintiff's Motion to Compel. (Doc. 54). Defendants filed responses at Docs. 55 & 58.

Plaintiff is seeking responses to his requests for production. Defendants Powers sought and was granted an extension of time in which to respond to the requests. See, Doc. 53. Defendant Caliper's response to the motion states that she timely responded. See, Doc. 55.

In a "reply" to defendant Caliper's response, Doc. 61, plaintiff complains for the first time that Caliper did not produce all of the requested documents. It is evident from Caliper's responses, attached to Doc. 55, that she objected to some of plaintiff's discovery requests. Plaintiff cannot challenge the propriety of defendant's objections by way of a reply. Rather, if he wants the Court to rule on the objections, he must file a motion to compel raising that issue, to which defendant may then respond.

For the foregoing reasons, plaintiff's Motion to Compel (Doc. 54) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20100519

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