Smith v. Schwartz et al

Filing 37

ORDER granting 36 Motion to Stay Discovery. Signed by Magistrate Judge Donald G. Wilkerson on 11/22/2011. (hbs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM SMITH,
Plaintiff,
v.
OFFICER GALE and OFFICER HULL,
Defendants.

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Case No. 3:10-cv-721-GPM-DGW

ORDER
Now pending before the Court is a Motion to Stay Discovery filed by Defendants Gale and
Hull on November 21, 2011 (Doc. 36).

For the reasons set forth below, this motion is

GRANTED.
Plaintiff William Smith, an inmate in the Illinois Department of Corrections, filed this
action pursuant to 42 U.S.C. § 1983, claiming that certain Department of Corrections officials
violated his constitutional rights. In answering the complaint, Defendants Gale and Hull raised
the affirmative defense that that Smith did not properly exhaust administrative remedies prior to
filing suit, in violation of 42 U.S.C. § 1997e(a). The Seventh Circuit holds that discovery on the
merits should not begin until the question whether a plaintiff has exhausted his administrative
remedies within the meaning of the Prison Litigation Reform Act has been resolved. Pavey v.
Conley, 544 F.3d 739 (7th Cir. 2008). Defendants contend that Plaintiff has propounded upon
them discovery requests seeking information unrelated to the issue of exhaustion. Under the
dictates of Pavey, this discovery is improper. Accordingly, the Motion to Stay Discovery is
GRANTED.
Defendants Gale and Hull have filed a Motion for Summary Judgment on the issue of

exhaustion (Doc. 34).

The Court will hold a hearing on the question of exhaustion of

administrative remedies on February 2, 2012. After that issue is resolved, discovery on the merits
may begin. Until that time, Defendants are not required to respond to discovery requests seeking
information on the merits of the case.

Neither Plaintiff nor Defendants should seek such

discovery until directed to do so by the Court.
IT IS SO ORDERED.
DATED: November 22, 2011

DONALD G. WILKERSON
United States Magistrate Judge

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