Crowell v. Abdellatif et al

Filing 42

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

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
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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

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