Graham v. Chicowski et al

Filing 61

OPINION and ORDER Denying Plaintiff's Request to Forward the Record. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TORRANCE A. GRAHAM,
Plaintiff,

Civil Case No. 16-12258
Honorable Linda V. Parker

v.
HEATHER CHICOWSKI, MILLER,
BOWERMAN, and MICHAEL TROUTEN,
Defendants.
__________________________________/
OPINION AND ORDER DENYING PLAINTIFF’S “REQUEST TO
FORWARD THE RECORD” (ECF NO. 60)
Plaintiff, Torrance A. Graham, is a prisoner currently confined at Chippewa
Correctional Facility of the Michigan Department of Corrections (“MDOC”).
Plaintiff filed a claim under 42 U.S.C. § 1983, proceeding pro se, against multiple
MDOC employees (the “Defendants”) for actions that occurred while Plaintiff was
confined at Duane L. Waters Health Center (“DLW”) and Saginaw Correctional
Facility (“SCF”) in Freeland, Michigan. On August 2, 2018, this Court adopted
Magistrate Judge Grand’s April 5, 2018 Report and Recommendation, granting
Defendants’ Motion for Summary Judgment. (ECF No. 51.) Plaintiff has filed an
appeal, which remains pending before the Sixth Circuit.
Presently before this Court is Plaintiff’s request to forward the record to the
Court of Appeals for the Sixth Circuit. (ECF No. 60.) This request is misguided,
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improper, and comes shortly after this Court already denied Plaintiff’s request to
add deposition transcripts to the record. (ECF No. 59.)
Neither Rule 10 nor Rule 11 of the Federal Rules of Appellate Procedure
prescribe a duty of the federal district court itself to supply an appellant or the
court of appeals with transcripts and/or the district court record. Official
transcripts of courtroom proceedings must be ordered from the Court Reporter.1
Instructions, forms and contact information are available from the Court Reporter
website. Additionally, most all court records are in electronic format online and
capable of being downloaded and printed.2 The most convenient way to view
and/or print court records is online through PACER.3 This Court has exceeded its
duty by directing Plaintiff to the proper course of action. Therefore, Plaintiff is
cautioned against filing additional improper, inappropriate, or misplaced requests
upon this Court.
Wherefore, Plaintiff’s request is denied.
Accordingly,
IT IS ORDERED, that Plaintiff’s “Request to Forward the Record” (ECF

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https://www.mied.uscourts.gov/index.cfm?pageFunction=coTranscripts
https://www.mied.uscourts.gov/index.cfm?pageFunction=coCourtRecords
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https://www.pacer.gov/
2
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No. 60) is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: October 17, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, October 17, 2018, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

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