Anthony v. Salisbury et al

Filing 33

ORDER GRANTING DEFENDANTS' 31 Motion to Stay - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEANGELO ANTHONY,
Plaintiff,

No. 18-10064

v.

District Judge Laurie J. Michelson
Magistrate Judge R. Steven Whalen

K. SALISBURY, ET AL.,
Defendants.
/
ORDER
Plaintiff, a pro se prison inmate in the custody of the Michigan Department of
Corrections, has filed a civil rights complaint under 42 U.S.C. §1983. On February 14,
2019, Defendants filed a motion for summary judgment, arguing that Plaintiff failed to
exhaust his administrative remedies before filing his complaint, as required by the Prison
Litigation Reform Act, 42 U.S.C. § 1997e(a), and further arguing that Plaintiff has failed
to state a claim [Doc. #22]. Before the Court is Defendants’ motion to stay discovery
pending final disposition of their motion for summary judgment [Doc. #31].
If Defendants’ dispositive motion is granted, the issue of discovery will be moot.
Conducting discovery before that motion is decided would pose an economic burden to
the parties, and not be in the interests of judicial economy. Therefore, Defendants’
motion [Doc. #31] is GRANTED, and discovery is STAYED pending final resolution of
Defendants’ motion for summary judgment. If that motion is denied, the Court will
vacate the stay of discovery and enter a scheduling order.

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IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: March 31, 2019

CERTIFICATE OF SERVICE
I hereby certify on March 31, 2019 that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on March 31, 2019.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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