Mayfield v. Reader

Filing 22

ORDER GRANTING IN PART 19 MOTION filed by Gary Mayfield, Jr. Pavey hearing RESET for 8/5/2013 at 02:00 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 5/2/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GARY MAYFIELD, JR.,
Plaintiff,
v.
C/O READER
Defendant.

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Case No. 3:12-cv-1291-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for Extension of Time filed by Plaintiff, Gary
Mayfield, on May 1, 2013 (Doc. 19). The Motion is GRANTED IN PART.
Plaintiff appears to be seeking a 180-day stay in the schedule in this matter in order to
retain an attorney to assist him. Plaintiff represents that he will be released from prison on May 5,
2013 and that his new address is 2231 Coldspring Road, Crown Point, Indiana, 46307.
The current schedule in this matter requires Defendant to file a Motion for Summary
Judgment on exhaustion and qualified immunity by May 10, 2013. Plaintiff currently will have
30 days to respond (that is, by June 9, 2013). A Pavey hearing is set for June 26, 2013 in which
the parties should be prepared to discuss the issue of exhaustion. Plaintiff is required to appear in
person at the June 26, 2013 hearing.
The Court is mindful that Plaintiff is going to be newly released from prison, that he will be
adjusting to life outside of prison, and that he will be attempting to retain counsel. However, a
lengthy delay in this matter while Plaintiff attempts to secure counsel will not only prejudice
Defendant but will also unnecessarily delay resolution of this matter. As such, the schedule in
this matter is modified as follows:

1. Plaintiff’s response to Defendant’s Motion for Summary Judgment on
exhaustion and qualified immunity (if filed) will be due on June 28, 2013.
2. The Pavey Hearing is RESET to August 5, 2013 at 2:00 p.m. in the East St.
Louis, Illinois Courthouse. Plaintiff will be required to appear in person for the
hearing.
3. New discovery deadlines will be reset upon a ruling on the issue of exhaustion.

DATED: May 2, 2013

DONALD G. WILKERSON
United States Magistrate Judge

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