Cage v. Tuttle et al

Filing 23

ORDER denying 22 Plaintiff's Motion Request for Reconsideration, 20 Granting MOTION to Take Deposition from Drake J. Cage, 351711 in Prison filed by Irwin, McCann, Spears, Tuttle, Ocheladus, Marzburn. Signed by Magistrate Judge Donald A Scheer. (MLan)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DRAKE J. CAGE, Plaintiff, vs. MS. TUTTLE, et.al., Defendants. _______________________/ ORDER GRANTING DEFENDANTS' MOTION TO ALLOW THE TAKING OF PLAINTIFF'S DEPOSITION IN PRISON AND DENYING PLAINTIFF'S RENEWED MOTION FOR APPOINTMENT OF COUNSEL This cause comes before the Court on Defendants' Motion to Allow the Taking of Plaintiff's Deposition in Prison, dated January 14, 2009 (Docket #20). Defendants' Motion is GRANTED. Plaintiff's Renewed Motion for Appointment of Counsel, dated February 2, 2009 (Docket #22), is DENIED. In an Order denying Plaintiff's earlier Application for Appointment of Counsel, dated December 5, 2008 (Docket #13), the court ruled that any appointment of counsel in this case was premature until the viability of Plaintiff's case was determined. If this case survives summary judgment, Plaintiff can seek appointment of counsel. The Court is returning to Plaintiff a motion that was not filed with the Clerk's Office, but was instead mailed directly to chambers. Plaintiff is hereby Ordered to file all future motions and pleadings with the Clerk's Office, with copies to opposing counsel and the magistrate judge, as outlined in the local court rules. SO ORDERED. s/Donald A. Scheer DONALD A. SCHEER UNITED STATES MAGISTRATE JUDGE DATED: March 2, 2009 CIVIL ACTION NO. 08-13731 DISTRICT JUDGE PATRICK J. DUGGAN MAGISTRATE JUDGE DONALD A. SCHEER

CERTIFICATE OF SERVICE I hereby certify on March 2, 2009 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 the following nonregistered ECF participants on March 2, 2009: Drake Cage. s/Michael E. Lang Deputy Clerk to Magistrate Judge Donald A. Scheer [phone]