Talley v. Lee et al

Filing 61

ORDER GRANTING 47 Motion to Stay; DENYING 48 Motion to Amend/Correct; DENYING 49 Motion to Strike ; DENYING 54 Motion to Compel; DENYING WITHOUT PREJUDICE 60 Motion to Appoint Counsel. Signed by Magistrate Judge Donald G. Wilkerson on 2/26/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DURWYN TALLEY,
Plaintiff,
v.
TRACY LEE, et al.,
Defendants.

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Case No. 3:15-cv-1032-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion to Stay Discovery filed by Defendants (Doc.
47), the “Motion to Substitute Plaintiff’s name . . .” filed by Plaintiff (Doc. 48), the Motion to
Strike Request for Admission filed by Plaintiff (Doc. 49), the Motion to Compel filed by Plaintiff
(Doc. 54), and the Motion to Appoint Counsel filed by Plaintiff (Doc. 60).
Defendants’ Motion to stay discovery is GRANTED (Doc. 47). Plaintiff has filed a
number of motions for injunctive relief that are presently before the Court.

In addition

Defendants have filed a Motion to Dismiss which also is before the Court. In light of Plaintiff’s
status as a three-striker and the limited issues involved in this case, a stay of discovery, until the
preliminary motions are dealt with, will not prejudice any of the parties. Defendants need not
respond to discovery requests until the stay is lifted.
Plaintiff’s “Motion to Substitute Plaintiff’s name . . .” seeks to replace his name in the
docket with initials “for the safety and security of Plaintiff.” This Motion is DENIED (Doc. 48).
Plaintiff is seeking a protective order. Such orders are only issued upon a showing of “good
cause” which is absent from Plaintiff’s motion. See FED.R.CIV.P. 26(c).
Plaintiff’s Motion to Strike is DENIED (Doc. 49). While it is unclear what request
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Plaintiff seeks, in light of the above stay in discovery, responses to Plaintiff’s requests to admit are
stayed. For this same reason, Plaintiff’s Motion to Compel is DENIED (Doc. 54).
Finally, Plaintiff’s request for counsel is DENIED WITHOUT PREJUDICE (Doc. 60).
Recruitment of counsel will be considered upon a ruling on Plaintiff’s claims for injunctive relief,
Defendants’ motion to dismiss, and the lifting of the discovery stay.
IT IS SO ORDERED.
DATED: February 26, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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