Jarrett v. Michigan Department of Corrections et al

Filing 84

ORDER GRANTING DEFENDANT'S 51 Motion to Quash; AND GRANTING DEFENDANT'S 52 Motion to Quash. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CLARENCE JARRETT, Plaintiff, No. 14-10410 v. District Judge Stephen J. Murphy Magistrate Judge R. Steven Whalen MICHIGAN DEPT. OF CORRECTIONS, ET AL., Defendants. / ORDER Before the Court are Defendant Corizon Health, Inc.’s (“Corizon’s”) Motion to Quash Subpoena [Doc. #51] and the Michigan Department of Corrections [“MDOC”] Defendants’ Motion to Quash Subpoena [Doc. #52]. Fed.R.Civ.P. 45(a)(3) provides that a subpoena must be authorized by either the Clerk of the Court or an attorney authorized to practice in this Court. Neither of the subpoenas at issue in these motions is so authorized; rather, they are both signed by the Plaintiff. I also note since both Corizon and the MDOC are parties, Rule 45 subpoenas are not the proper vehicles for discovery. Accordingly, the motions to quash [Doc. #51 and Doc. #52] are GRANTED. -1- IT IS SO ORDERED. s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: February 3, 2015 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent to parties of record on February 3, 2015, electronically and/or by U.S. mail. s/Carolyn M. Ciesla Case Manager -2-

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