Brown v. Rivard et al

Filing 47

ORDER DENYING PLAINTIFF'S 44 Motion to Compel AND DENYING PLAINTIFF'S 45 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

Case 2:16-cv-11837-SFC-RSW ECF No. 47 filed 08/31/18

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RONALD KIRK BROWN,
Plaintiff,

No. 16-11837

v.

District Judge Sean F. Cox
Magistrate Judge R. Steven Whalen

STEVE RIVARD, ET AL.,
Defendants.
/
ORDER
Plaintiff Ronald Kirk Brown, a prison inmate in the custody of the Michigan
Department of Corrections, filed a pro se civil rights complaint, under 42 U.S.C. § 1983, and
was granted leave to proceed in forma pauperis (“IFP”) on May 24, 2016 [Doc. #5]. Before
the Court are his motions to compel discovery [Doc. #44] and to appoint counsel [Doc. #45].
In his motion to compel discover, Plaintiff states that he sent interrogatories to various
defendants but has received no response. Docket #44, 1, Pg ID 487. He did not state when
he sent the interrogatories or provide the Court with copies of the interrogatories although
he states that they are attached to the motion. Id. Plaintiff’s failure to “attach any actual
interrogatories . . . to his motion” prevents the Court from determining whether he “fully
complied with the service requirements in Federal Rules of Civil Procedure 33 and 34.”
Brown v. City of Detroit, 2015 WL 5121122, at *2 (E.D.Mich. August 31, 2015)(Cleland,
J.)(upholding denial of motion to compel where movant failed to attach the discovery
requests at issue). Therefore, the motion to compel discovery will be denied without
prejudice.

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Case 2:16-cv-11837-SFC-RSW ECF No. 47 filed 08/31/18

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The Court has denied Plaintiff’s previous motions to appoint counsel, see Doc. #27,
39 and for the reasons stated in the first order, his current request for counsel will likewise
be denied without prejudice.
Accordingly, Plaintiff’s motion to compel discovery [Doc. #44] and motion for
appointment of counsel [Doc. #45] are DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: August 31, 2018

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of
record on August 31, 2018, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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