Fricks v. Upton et al

Filing 20

ORDER granting 18 Motion to Stay Discovery pending resolution of 17 Motion to Dismiss. Ordered by U.S. Mag Judge Charles H. Weigle on 7/19/2011. (mgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TIMOTHY MARVIN FRICKS,

:
:
Plaintiff,
:
:
VS.
:
:
STEVE UPTON, et al.,
:
:
Defendants.
:
______________________________________ :

NO. 5:10-CV-458 (MTT)

Proceedings Under 42 U.S.C. §1983
Before the U.S. Magistrate Judge

ORDER
Before the Court is a Motion to Stay Discovery (Doc. 18) wherein Defendant Steve Upton
requests that discovery in this action be stayed pending resolution of his pending Motion to Dismiss
(Doc. 17). Given the nature of the Motion to Dismiss, it is in the interests of justice to stay
discovery pending resolution of the motion, in order to avoid any potentially unnecessary costs and
burdens associated with further litigation. Accordingly, said Motion is hereby GRANTED as
follows: Discovery is stayed as to Defendants Upton until the pending Motion to Dismiss has been
resolved or until further order of the Court, except that discovery may be had as to the issue of
Plaintiff's exhaustion of administrative remedies.
SO ORDERED, this 19th day of July, 2011.

s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge