Matelic v. Mendoza

Filing 44

ORDER DENYING PLAINTIFF'S 40 Motion to Compel AND DENYING PLAINTIFF'S 43 [Motion] Request for Police Records. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN MATELIC,
CIVIL ACTION NO. 12-13523
Plaintiff,
DISTRICT JUDGE AVERN COHN
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
BENNY MENDOZA,
Defendant.
_________________________________/

ORDER
Plaintiff, formerly a Michigan Department of Corrections (“MDOC”) prisoner, filed
suit on August 9, 2012 alleging excessive force during the course of an arrest. Before the
Court is Plaintiff’s Motion to Compel [Docket #40] and Plaintiff’s “Request for Police
Records” [Docket #43], filed on February 3, 2015 and March 23, 2015 respectively.
In Plaintiff’s Motion to Compel, he alleges that Defendant Benny Mendoza
(“Defendant”) provided “only a limited amount of [the] requested materials” in response to
the request for production of documents. Defendant states in response that he provided
Plaintiff with all the responsive non-privileged documents in his possession. Docket #42,
Exhibit A. Because it appears that Defendant has provided all of the non-privileged
documents responsive to Plaintiff’s discovery requests, this motion [Docket #40] is denied.
For differing reasons, Plaintiff’s “Request for Police Records,” [Docket #43],
construed as a second motion to compel, will be denied. Plaintiff’s request is made pursuant

to Michigan’s Freedom of Information Act (“FOIA”), M.C.L. § 15.231, et seq. Id. at pg. 3.
FOIA requests are to be directed to the agency that has custody of the records, not to this
Court. Moreover, Plaintiff made the FOIA request to the City of Detroit Law Department
on March 18, 2015 - just five days before filing the present motion. His motion to compel
the requested material is at a minimum, premature.
For these reasons, Plaintiff’s motion to compel [Docket #40] and “Request for Police
Records” [Docket #43] are DENIED.

IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: March 25, 2015

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
March 25, 2015, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager