Smith v. Correctional Medical Services et al

Filing 65

ORDER granting 45 Separate Defendant Kelley's Motion to stay discovery; denying 55 & 58 Plaintiff's Motions to Compel; denying as moot 57 Plaintiff's Motion to Withdraw his Motion for Extension of Time; and denying 59 Plaintiff's Motion for Order. Signed by Magistrate Judge Joe J. Volpe on 3/28/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOSEPH SMITH,
ADC #127880
v.

PLAINTIFF

2:12CV00071-JMM-JJV

CORRECTIONAL MEDICAL
SERVICES; et al.

DEFENDANTS
ORDER

Plaintiff, Joseph Smith, an inmate at the East Arkansas Regional Unit of the Arkansas
Department of Correction has filed a pro se Complaint (Doc. No. 2) pursuant to 42 U.S.C. § 1983,
alleging the Defendants were deliberately indifferent to his serious medical needs. Before the Court
are several motions - Separate Defendant Wendy Kelley’s Motion to Stay Discovery (Doc. No. 45),
Plaintiff’s Motion to Compel (Doc. No. 55), Plaintiff’s Motion to Withdraw Motion for Extension
of Time (Doc. No. 57), Plaintiff’s Motion to Compel (Doc. No. 58), Plaintiff’s Motion for Order
(Doc. No. 59), and Plaintiff’s Motion to Amend (Doc. No. 63).
Separate Defendant Wendy Kelley has filed a Motion to Stay her participation in discovery
until the Court renders a ruling on her Motion to Dismiss. (Doc. No. 32.) In the interest of judicial
economy and efficiency, the Motion is GRANTED. Separate Defendant Kelley is relieved from
participating in discovery until the Court renders a ruling on her Motion to Dismiss.
After careful consideration of Plaintiff’s Motions to Compel (Doc. Nos. 55 and 58), the
Court finds they should be DENIED. Plaintiff must first confer with counsel for Defendants and
request the information before filing a motion to compel.
Plaintiff was already allowed extra time to file his Response to the Motion to Stay. His
Motion to Withdraw his Motion for Extension of Time (Doc. No. 57) is DENIED as moot.
Plaintiff’s Motion for Order (Doc. No. 59) is DENIED. The Court sees no necessity to

categorize exhibits already a part of the record.
SO ORDERED this 28th day of March, 2013.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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