Annabel v. Frost et al

Filing 108

ORDER DENYING PLAINTIFF'S 85 Motion to Strike - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANNABEL,
Plaintiff,

No. 14-10244

v.

District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

JACK FROST, ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiff’s motion to strike Defendants’ motion to take his
deposition [Doc. #85].
Plaintiff filed a lawsuit, claiming retaliation by the Defendants, in violation of the
First Amendment. Any defendant, including these Defendants, get to depose a plaintiff.
Because Plaintiff is incarcerated, leave of the court is required to take his deposition.
Fed.R.Civ.P. 30(a)(2). On July 25, 2017, I granted Defendants’ motion for leave to take
Plaintiff’s deposition [Doc. #106]. Apart from the fact that Plaintiff’s motion is moot,
there was no basis to have stricken the Defendants’ motion for leave in the first place.
Accordingly, Plaintiff’s motion to strike [Doc. #85] is DENIED.
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: July 30, 2017

CERTIFICATE OF SERVICE
I hereby certify on July 30, 2017, 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 July 30, 2017.
s/Carolyn Ciesla
Case Manager to
Magistrate Judge R. Steven Whalen