Riley v. Davis et al

Filing 56

ORDER striking 52 Motion to Compel; striking 53 Motion for Discovery; striking 54 Motion ; striking 55 Motion to Compel. Signed by Magistrate Judge Donald G. Wilkerson on 4/15/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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Plaintiff,
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v.
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DR. J. GARDNER, AMBER, and JOHN DOE 1, )
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Defendants.
DANNY RILEY,

Case No. 12-cv-671-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion to Compel (Doc. 52), the Motion for
Discovery (Doc. 53), the Motion for Status (Doc. 54), and the Motion to Compel (Doc. 55) filed by
Plaintiff, Danny Riley, on April 8 and 12, 2013. The Motions are STRICKEN. Federal Rule of
Civil Procedure 11(a) requires that all motions filed with the Court be signed.

None of these

Motions are signed as required by Rule 11(a). Generally, a motion will not be stricken if the
omission is corrected upon bringing the matter to the party’s attention. In this case, however,
Plaintiff may not seek discovery until the issue of exhaustion has been decided, which it has not.
Moreover, Defendant Gardner has already indicated the full name of “Amber” and the Court will, as
indicated at the hearing held on February 28, 2013, attempt to assist Plaintiff in identifying the John
Doe Defendant. And a Report and Recommendation on the issue of exhaustion will be issued
shortly. Therefore, Plaintiff is not prejudiced by the striking of these Motions.

DATED: April 15, 2013

DONALD G. WILKERSON
United States Magistrate Judge