Howery v. Harrington et al

Filing 53

ORDER MOOTING 35 Motion ; DENYING WITHOUT PREJUDICE 36 Motion to Compel; DENYING WITHOUT PREJUDICE 37 Motion to Compel; DENYING WITHOUT PREJUDICE 38 Motion to Compel; DENYING WITHOUT PREJUDICE 40 Motion to Appoint Counsel. Signed by Magistrate Judge Donald G. Wilkerson on 3/2/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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)
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Plaintiff,
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v.
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DR. SHEARING and MENARD WARDEN, )
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Defendants.
BERNON L. HOWERY,

Case No. 3:14-cv-1134-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are a number of motions:
1. “Plaintiff’s Request for Status of Defendant’s Motion for Summary Judgment” (Doc. 35) is
MOOT. This document is merely a response to the Motions for Summary Judgment (Docs. 26
and 29) and the Clerk of Court is DIRECTED to so modify the docket sheet.
2. The “Motion for an Order Compelling Answers to All Interrogatories” directed to Dr.
Shearing (Doc. 36) is DENIED WITHOUT PREJUDICE. Defendants are not required to
respond to discovery on the merits until the issue of exhaustion of administrative remedies has
been resolved by the District Court.

Once that issue has been resolved, Defendants shall have

thirty (30) days to respond to any outstanding discovery requests. If, after that time period has
elapsed, Defendants do not respond consistent with the Federal Rules of Civil Procedure, Plaintiff
may refile this motion.
3. The Motions to Compel directed to Defendant Menard Warden (i.e. Kimberly Butler) (Docs.
37 and 38) are DENIED WITHOUT PREJUDICE.

Defendant indicates that through

inadvertence, or because they did not receive the requests, they did not respond to Plaintiff’s
interrogatories or requests to produce. Some of the interrogatories and requests to produce
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concern exhaustion of administrative remedies.

In light of this Court’s Report and

Recommendation, such requests are now MOOT. To the extent that Defendants have not
responded to other interrogatories and requests to produce concerning the merits, they shall do so
within thirty (30) days of the District Court’s ruling on the issue of exhaustion.
4.

Finally, Plaintiff seeks recruitment of counsel (Doc. 40).

The Motion is DENIED

WITHOUT PREJUDICE. The Clerk of Court shall send to Plaintiff the Form “Motion for
Recruitment of Counsel” which Plaintiff shall fill out and submit to the Court for review.
Plaintiff should pay particular attention to that portion of the form which inquires as to what steps
he has taken to acquire counsel without Court assistance. Plaintiff shall attach to his motion
letters that he has sent to at least three (3) attorneys seeking representation and any responses he
may receive.
IT IS SO ORDERED.
DATED: March 2, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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