Martin v. Pickell et al

Filing 24

ORDER DENYING PLAINTIFF'S 7 Motion for Defendants to Provide Medical Documents - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANIEL MARTIN,
Plaintiff,

No. 16-13614

v.

District Judge Denise Page Hood
Magistrate Judge R. Steven Whalen

SHERIFF ROBERT PICKELL, ET AL.,
Defendants.
/
ORDER
On October 6, 2016, Plaintiff Daniel Martin filed a pro se civil complaint in this
Court, claiming Defendant Corizon’s deliberate indifference to his medical needs while
he was incarcerated in the Genesee County Jail, in violation of the Eighth Amendment.
Before the Court is his motion to compel Defendant Corizon to produce his medical
records [Doc. #7].
While Plaintiff cites the Freedom of Information Act (“FOIA”), this case is
brought under 42 U.S.C. § 1983, not FOIA. More importantly, document requests are
governed by Fed.R.Civ.P. 34, which provides a procedure for a party to obtain documents
from the opposing party. Discovery in the first instance is not obtained by filing a request
in this Court. It is incumbent on Plaintiff to follow the Rules of Civil Procedure and to
make a proper Rule 34 document request to Corizon.
Accordingly, Plaintiff’s motion [Doc. #7] is DENIED.
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: July 31, 2017

CERTIFICATE OF SERVICE
I hereby certify on July 31, 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 on July 31, 2017.
s/Carolyn Ciesla
Case Manager to
Magistrate Judge R. Steven Whalen