Clayton v. Forrester et al

Filing 145

ORDER: Motion to subpoena Charles 143 is DENIED. The motion to file a response to the Defendants' request for sanctions 142 is GRANTED and the Plaintiff may file a 15-page response to that portion of the motion that requests sanctions. Signed by Magistrate Judge Joe Brown on 7/29/14. (xc: pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARK CLAYTON,

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Plaintiff
v.
CHIP FORRESTER, et al.,
Defendants

No. 3:13-1211
Judge Sharp/Brown
Jury Demand

O R D E R
The Plaintiff has filed two motions in this matter. Docket
Entry 143 is a motion to subpoena Charles Maxwell. This motion is
DENIED. The Plaintiff’s motion gives no factual basis whatever, if
any, connection Mr. Maxwell has to this complaint, or to the pending
report and recommendation (Docket Entry 130) to remand this case to
state court.
The motion to file a response to the Defendants’ request for
sanctions (Docket Entry 142) is GRANTED and the Plaintiff may file a
15-page

response

to

that

portion

of

the

motion

that

requests

sanctions.
The Magistrate Judge would note that the Defendants should
not have combined an objection to a report and recommendation along
with a motion for sanctions. The two should have been separated. By
filing a motion for sanctions, which is not a portion of the report
and recommendation, the Defendants are in effect filing a new matter
to

which

the

Plaintiff

is

entitled

to

file

a

response.

Absent

permission of the Court there will be no reply by the Defendants.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge