Jones v. McCormick et al

Filing 18

ORDER DENYING Plaintiff's 16 Motion Discovery--Signed by Magistrate Judge Anthony P. Patti. (MWil).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WILLIE JONES,
Plaintiff
v.

Case No. 2:15-11694
District Judge Mark A. Goldsmith
Magistrate Judge Anthony P. Patti

DAVID McCORMICK, et al.,
Defendants.
___________________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR DISCOVERY (DE 16)
Plaintiff, a state inmate who is proceeding without the assistance of counsel,
initially filed his complaint and application to proceed without prepayment of fees
in the Western District of Michigan. (DE 1.) The incidents described in his
complaint relate to an attempted traffic stop and subsequent police chase, which
ended with Plaintiff being tased, arrested, and put in jail. Plaintiff contends that
Defendants’ actions were unlawful, and he seeks monetary compensation and
damages for pain and suffering and to account for his time in confinement. The
matter was transferred to this Court on May 12, 2015 and Plaintiff’s application
was granted on June 9, 2015. All Defendants have been served and have appeared.
The Court issued a scheduling order in this matter on August 19, 2015. (DE 17.)
On August 14, 2015, Plaintiff filed a document titled “motion for discovery
and affidavit.” (DE 16.) In his motion, he asks the Court to order Defendants to

provide all audio and video of the traffic stop and subsequent arrest described in
his complaint. (DE 16 at 2.) Plaintiff does not indicate in his motion that he
previously attempted to obtain these items from Defendants during the discovery
process, and filed the motion to compel them to provide items that had been
improperly withheld pursuant to Federal Rule of Civil Procedure 37.
Instead, he seems to have filed his discovery requests with the Court before
serving them upon Defendants. Pursuant to Rule 5, requests for documents “must
not be filed until they are used in the proceeding or the court orders filing . . . .”
Fed. R. Civ. P. 5(d); see also E.D. Mich. LR 26.2. Accordingly, Plaintiff’s motion
is DENIED. (DE 16.) In order to obtain such documents, Plaintiff must follow
the discovery process outlined in the Federal Rules of Civil Procedure. Any
further attempts to file discovery requests in violation of Rule 5 and Local Rule
26.2 will be STRICKEN from the Court’s docket.
IT IS SO ORDERED.

Dated: August 19, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record on
August 19, 2015, electronically and/or by U.S. Mail.
s/ Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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