Boulding v. Michigan Department of Corrections et al

Filing 37

ORDER DENYING PLAINTIFF'S 32 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TIMOTHY BOULDING, Plaintiff, No. 13-14325 v. District Judge Robert H. Cleland Magistrate Judge R. Steven Whalen MICHIGAN DEPARTMENT OF CORRECTIONS, ET AL., Defendants. / ORDER On January 6, 2015, I filed a Report and Recommendation (“R&R”) that Plaintiff’s complaint be dismissed without prejudice because he failed to exhaust his prison administrative remedies before filing suit in this Court, as required by 42 U.S.C. § 1997e(a). See Doc. #34. If this recommendation is accepted, the complaint will be dismissed, and there will be no discovery. Therefore, Plaintiff’s Motion to Compel Discovery [Doc. #32] is DENIED WITHOUT PREJUDICE. If my R&R is not accepted, Plaintiff may renew his motion. IT IS SO ORDERED. s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: January 9, 2015 -1- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent to parties of record on January 9, 2015, electronically and/or by U.S. mail. s/Carolyn M. Ciesla Case Manager -2-

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