Opinion
Case No. 05-70432.
February 15, 2006
ORDER
Before the Court is Plaintiff's Motion to Compel Production of Documents and to Extend Time to Respond to Summary Judgment Motion [Docket #28].
On February 8, 2006, the undersigned filed a Report and Recommendation that Plaintiff's Complaint be dismissed for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). Assuming that the District Judge adopts the Report and Recommendation, the case will be dismissed, obviating the need for discovery. Nor is discovery necessary for the Court to determine whether the claims are exhausted. Accordingly, the Motion to Compel will be DENIED.
Further, the Court had the benefit of reviewing Plaintiff's Declaration in Opposition to Motion for Summary Judgment [Docket #33]. Therefore, Plaintiff's Motion to Extend Time is DISMISSED AS MOOT.
SO ORDERED.