Watson v. Jamsen et al
ORDER GRANTING IN PART AND DENYING IN PART NON-PARTY MDOC's 35 Motion to Quash - Signed by Magistrate Judge R. Steven Whalen. (CCie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
District Judge Linda V. Parker
Magistrate Judge R. Steven Whalen
CHARLES JAMSEN, ET AL.,
Before the Court is non-party Michigan Department of Corrections’ (“MDOC’s”)
Motion to Quash Subpoena [Doc. #35]. On May 18, 2017, Plaintiff, a pro se prison
inmate in the custody of the MDOC, served a subpoena requesting his MDOC medical
records from January 1, 2016 to the present, for inspection. The MDOC objects, stating
that the Plaintiff may obtain copies only if he pays $.25 per page.
The MDOC is correct that it is not required to subsidize Plaintiff’s discovery costs
or provide him free copies of his medical records. On December 7, 2017, I entered an
order granting Plaintiff’s motion to compel discovery of 612 pages of his medical records
in Defendants’ possession, provided that he pay Defendants for copies at $.25 per page.
However, Plaintiff’s subpoena requests that he be provided the opportunity to
inspect his medical file. He is permitted to do so. Therefore, to the extent that Plaintiff
has not already obtained copies of his medical records from the Defendants, the MDOC
will afford him a reasonable opportunity to inspect those records. In addition, the
Plaintiff may obtain the records from the MDOC upon payment of $.25 per page.
Under these terms, the MDOC’s motion to quash [Doc. #35] is GRANTED IN
PART AND DENIED IN PART.
The motion is GRANTED to the extent that the subpoena requests free copies of
Plaintiff’s medical records, with the proviso that, pursuant to MDOC policy, Plaintiff may
obtain copies for $.25 per page.
The motion is DENIED to the extent that Plaintiff seeks the opportunity to inspect
his medical file.
IT IS SO ORDERED.
Dated: January 30, 2018
s/R. Steven Whalen
R. STEVEN WHALEN
U.S. MAGISTRATE JUDGE
CERTIFICATE OF SERVICE
I hereby certify on January 30, 2018 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 January 30, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen
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