Annabel v. Frost et al

Filing 108

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

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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

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