Smith v. Davidson et al

Filing 76

ORDER DENYING Plaintiff's 74 Motion for Sanctions, Signed by Magistrate Judge R. Steven Whalen. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SAM SMITH, Plaintiff, No. 10-13898 v. District Judge Mark A. Goldsmith Magistrate Judge R. Steven Whalen LYNN M. DAVIDSON, ET AL., Defendants. / ORDER Before the Court is Plaintiff’s motion for sanctions [Doc. #74], in which he claims that Defendant Misty Wojnarowicz disobeyed this Court’s January 30, 2014 Order to answer Plaintiff’s interrogatories regarding the current mailing address of unserved Defendant Deborah Ellis and other information regarding Ms. Ellis. In my Order [Doc. #71], I stated, “If they don’t know where Ellis lives, they shall so indicate.” According to Plaintiff’s motion, Wojnarowicz’ response to his interrogatories was, “I do not have information responsive to this request.” The Plaintiff may not like this response, and he may be frustrated that Ms. Wojnarowicz has no information to help him locate Ms. Ellis, but this is a proper response to both interrogatories. Accordingly, Plaintiff’s motion for sanctions [Doc. #74] is DENIED.  IT IS SO ORDERED. Dated: February 24, 2014 s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE I hereby certify that a copy of the foregoing document was sent to parties of record on February 24, 2014, electronically and/or by U.S. mail. s/Michael Williams Case Manager to the Honorable R. Steven Whalen 

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