Crowell v. Abdellatif et al

Filing 42

ORDER DENYING PLAINTIFF'S 20 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD CROWELL, Plaintiff, Case No. 15-13825 District Judge Arthur J. Tarnow Magistrate Judge R. Steven Whalen v. BADAWI ABDELLATIF, et al., Defendant. ___________________________________/ ORDER Before the Court is Plaintiff’s Motion to Compel Discovery [Doc. #20]. Plaintiff alleges that Defendant Corizon failed to provide requested discovery regarding, among other things, Corizon’s contract with the Michigan Department of Corrections, records of all doctors that Corizon fired within the past five years, and copies of all civil complaints filed against Corizon under 42 U.S.C. § 1983 for the past five years. Plaintiff did not include in his motion a “verbatim recitation of each interrogatory, request, answer, response, and objection” that is the subject of his motion, “or a copy of the actual discovery document which is the subject of the motion,” as required by E.D. Mich. L.R. 37.2. I have filed a Report and Recommendation, recommending that summary judgment be granted to Defendant Dr. Abdellatif regarding Plaintiff’s Eighth Amendment claim, and that summary judgment be granted to Corizon because (a) it is not subject to -1- respondeat superior liability, and (2) there was no underlying constitutional violation by Dr. Abdellatif. The Plaintiff’s motion is therefore not only con-compliant with this Court’s Local Rules, but the discovery he requests is irrelevant, and the relief he requests is moot. Plaintiff’s Motion to Compel Discovery [Doc. #20] is DENIED. IT IS SO ORDERED. s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: March 8, 2017 CERTIFICATE OF SERVICE I hereby certify on March 8, 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. s/Carolyn Ciesla Case Manager to Magistrate Judge R. Steven Whalen -2-

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