Price v. Milmar Food Group, LLC, 17-13011. (2018)
Court: District Court, E.D. Michigan
Number: infdco20180717960
Visitors: 9
Filed: Jul. 16, 2018
Latest Update: Jul. 16, 2018
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Plaintiff Tyrone a pro se litigant, has filed a motion for discovery [Doc. #20], in which he requests documents related to a grievance he filed at the St. Clair County Jail. However, the correct procedure at this point is not to request discovery from the Court, but to either make a document request to the Defendant under Fed.R.Civ.P. 34, or to subpoena non-party St. Clair County under Fed.R.Civ.P. 45. Further, Plaintiff states in his motion th
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Plaintiff Tyrone a pro se litigant, has filed a motion for discovery [Doc. #20], in which he requests documents related to a grievance he filed at the St. Clair County Jail. However, the correct procedure at this point is not to request discovery from the Court, but to either make a document request to the Defendant under Fed.R.Civ.P. 34, or to subpoena non-party St. Clair County under Fed.R.Civ.P. 45. Further, Plaintiff states in his motion tha..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Plaintiff Tyrone a pro se litigant, has filed a motion for discovery [Doc. #20], in which he requests documents related to a grievance he filed at the St. Clair County Jail. However, the correct procedure at this point is not to request discovery from the Court, but to either make a document request to the Defendant under Fed.R.Civ.P. 34, or to subpoena non-party St. Clair County under Fed.R.Civ.P. 45.
Further, Plaintiff states in his motion that he requires the grievance documents in order to answer Defendant's motion for summary judgment. While Defendant has raised the issue of exhaustion, I have filed a Report and Recommendation that the Plaintiff's complaint be dismissed under Rule 12(b)(6) as to his Eighth Amendment claim, and dismissed without prejudice as to his state law claim. It was therefore not necessary to address the exhaustion issue. See 28 U.S.C. § 1997e(c)(2).
Accordingly, Plaintiff's motion for discovery [Doc. #20] is DENIED.
IT IS SO ORDERED.
Source: Leagle
