Anderson v. Jutzy et al

Filing 51

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S 37 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANDERSON,
CIVIL ACTION NO. 15-11727
Plaintiff,
DISTRICT JUDGE DAVID M. LAWSON
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
KEVIN ALLEN JUTZY, M.D.,
RAUL TUMADA, P.A., BADAWI
ABELLATIF, M.D., and ANGELA
VETTRAINO,
Defendants.
_________________________________/

ORDER
Defendants Abdellatif and Tumada have filed a motion to compel discovery [Doc.
#37], specifically requesting that Plaintiff execute a release so that Defendants may obtain
his medical records.
I have filed a Report and Recommendation (“R&R”), recommending that these
Defendants be dismissed without prejudice based on Plaintiff’s failure to exhaust his
administrative remedies before filing suit. If that R&R is adopted, this motion to compel
discovery will be moot.
Therefore, Defendants’ motion to compel [Doc. #37] is DENIED WITHOUT
PREJUDICE.

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IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
United States Magistrate Judge
Dated: February 2, 2017

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
February 2, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager

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