Ford v. Steward, 18-12809. (2020)
Court: District Court, E.D. Michigan
Number: infdco20200106722
Visitors: 8
Filed: Jan. 03, 2020
Latest Update: Jan. 03, 2020
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's Motion to Subpoena MDOC Documents [ECF No. 36], in which he seeks the issuance of a subpoena so that he may obtain names and contact information for health care staff at the Cotton Correctional Facility and the Chippewa Correctional Facility. He states that he needs this information in order to identify and serve the unnamed Defendants in his complaint. The Plaintiff would more appropriately obtain this information
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's Motion to Subpoena MDOC Documents [ECF No. 36], in which he seeks the issuance of a subpoena so that he may obtain names and contact information for health care staff at the Cotton Correctional Facility and the Chippewa Correctional Facility. He states that he needs this information in order to identify and serve the unnamed Defendants in his complaint. The Plaintiff would more appropriately obtain this information-..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Before the Court is Plaintiff's Motion to Subpoena MDOC Documents [ECF No. 36], in which he seeks the issuance of a subpoena so that he may obtain names and contact information for health care staff at the Cotton Correctional Facility and the Chippewa Correctional Facility. He states that he needs this information in order to identify and serve the unnamed Defendants in his complaint.
The Plaintiff would more appropriately obtain this information-at least the names of health care staff who were employed during the relevant time frame-by way of interrogatories Defendants Jamsen and Canles rather than by subpoena.1 If it is Defendants' position that they do not have access to MDOC records or do not have knowledge of the names of Chippewa health care staff, then the next step would be to issue a non-party subpoena under Fed.R.Civ.P. 45.
Therefore, Plaintiff's motion [ECF No. 36] is DENIED WITHOUT PREJUDICE.
Discovery is extended for a period of 35 days from the date of this order for the sole purpose of providing Plaintiff the opportunity to serve interrogatories on Defendants Jamsen and Canles, directed at ascertaining the identities of health care staff at the Chippewa Correctional Facility at the time of the events underlying his complaint.
IT IS SO ORDERED.
FootNotes
1. It would not be appropriate, however, for Plaintiff to obtain the home addresses of these individuals. Rather, their names and the Correctional Institutions where they are employed are sufficient for purposes of identification and service by the United States Marshal.
Source: Leagle
