Wills v. McKinley et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HENRY WILLS,
Plaintiff,
v.
JOSHUA MCKINLEY, et al.,
Defendants.
Case No. 25-10888
Honorable Linda V. Parker
Magistrate Judge Elizabeth A. Stafford
ORDER DENYING WITHOUT PREJUDICE, AS PREMATURE,
DEFENDANT GIBSON’S MOTION TO COMPEL (ECF NO. 22)
Pro se Plaintiff Henry Wills brings this prisoner civil rights case under
42 U.S.C. § 1983, suing Defendants Joshua McKinley, Spencer Gibson,
and James Bryant. ECF No. 9, PageID.38. The Honorable Linda V.
Parker referred the case to the undersigned for all pretrial matters under 28
U.S.C. § 636(b)(1). ECF No. 10. The Court has not issued a scheduling
order because McKinley and Bryant have not yet been served. 	See ECF
No. 19, PageID.63.
Spencer moves to compel discovery from Wills. ECF No. 22. But as
this Court noted in denying Wills’ request for discovery, the motion is
premature because no scheduling order has been issued. ECF No. 19,
Case 2:25-cv-10888-LVP-EAS ECF No. 26, PageID.<pageID> Filed 10/29/25 Page 1 of 3

2
PageID.64. Thus, the Court DENIES WITHOUT PREJUDICE Spencer’s
motion to compel (ECF No. 24).
IT IS SO ORDERED.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
Dated: October 29, 2025 	United States Magistrate Judge
NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file
objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous
or contrary to law. 28 U.S.C. § 636. 	“When an objection is filed to a
magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the
magistrate judge or a district judge.” 	E.D. Mich. LR 72.2.
Case 2:25-cv-10888-LVP-EAS ECF No. 26, PageID.<pageID> Filed 10/29/25 Page 2 of 3

3
CERTIFICATE OF SERVICE
The undersigned certifies that this document was served on counsel
of record and any unrepresented parties via the Court’s ECF System to
their email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on October 29, 2025.
s/Davon Allen
DAVON ALLEN
Case Manager
Case 2:25-cv-10888-LVP-EAS ECF No. 26, PageID.<pageID> Filed 10/29/25 Page 3 of 3