Opinion
CIVIL ACTION NO. 10-11008
12-04-2012
ROBERT LEE CHILDRESS, #365065, Plaintiff, v. JOHN MICHALKE, Defendant.
DISTRICT JUDGE MARK A. GOLDSMITH
MAGISTRATE JUDGE MARK A. RANDON
ORDER DENYING PLAINTIFF'S
MOTIONS TO COMPEL DISCOVERY (DKT. NOS. 168 and 172)
This matter is before the Court on two motions: (1) Plaintiff's Motion for Court Order to Compel Discovery Material (Dkt. No. 168); and (2) Plaintiff's Ex Parte Motion for Court Order to Compel Discovery Material (Dkt. No. 172). Plaintiff seeks an order requiring the Secretary of State and the Macomb County Clerk to produce documents at no cost to Plaintiff.
Plaintiff's motions are DENIED; the Court cannot waive the costs associated with obtaining the documents. See Smith v. Yarrow, 78 Fed.Appx. 529, 544 (6th Cir. 2003) ("[a] prisoner plaintiff proceeding in forma pauperis may seek a waiver of certain pretrial filing fees, but there is no constitutional or statutory requirement that the government or Defendant pay for an indigent prisoner's discovery efforts") (citing Johnson v. Hubbard, 698 F.2d 286, 289 (6th Cir. 1983) (holding that there is no constitutional or statutory requirement to waive an indigent prisoner plaintiff's costs)).
IT IS ORDERED.
_________________
Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, December 4, 2012, by electronic and/or ordinary mail.
Melody Miles
Case Manager