HAMPTON v. BUHLER et al

Filing 15

ORDER DENYING w/o Prejudice 11 MOTION to Compel filed by PATRICK O HAMPTON pending resolution of 14 Motion to Dismiss; GRANTING 14 MOTION to Stay Discovery filed by LUBIN, P BUHLER. Plaintiff shall file response to Motion to Dismiss by 6/8/2011. (Internal deadline for referral to judge if response not filed earlier: 6/8/2011).). Signed by MAGISTRATE JUDGE GARY R JONES on 5/16/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
PATRICK O HAMPTON,
Plaintiff,
v.

CASE NO. 1:10-cv-00215-MP-GRJ

P BUHLER, et al,
Defendants.
_____________________________/
ORDER
This case is before the Court on Doc. 11, Plaintiff’s motion to compel discovery,
Doc. 13, Defendants’ motion to dismiss the complaint, and Doc. 14, Defendants’ motion
to stay discovery pending resolution of the motion to dismiss. Defendants state that the
motion to dismiss is based on Plaintiff’s failure to exhaust administrative remedies, and
that if the motion is granted all of Plaintiff’s claims will be subject to dismissal pursuant
to 42 U.S.C § 1997e.
Upon due consideration, it is ORDERED:
1. Defendants’ motion to stay discovery, Doc. 14, is GRANTED. Plaintiff’s
motion to compel, Doc. 11, is DENIED without prejudice pending resolution of
the motion to dismiss.
2. Plaintiff shall file a response to the motion to dismiss on or before June 8,
2011. Failure to respond to the motion to dismiss will result in a
recommendation that this case be dismissed for the reasons stated in the
motion.
DONE AND ORDERED this 16th day of May 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge