Darrin Brasswell v. T. Holzschu
Darrin Brasswell v. T. Holzschu
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
DARRIN BRASSWELL, Case No. 24-12171 Plaintiff, Honorable Terrence G. Berg Magistrate Judge Elizabeth A. Stafford v.
T. HOLZSCHU,
Defendant.
ORDER DENYING PLAINTIFF’S MOTIONS TO COMPEL AND TO APPOINT COUNSEL (ECF NOS. 25, 26)
Plaintiff Darrin Brasswell, proceeding pro se and in forma pauperis, sues Defendant T. Holzschu under
42 U.S.C. § 1983. ECF No. 1. The Honorable Terrence G. Berg referred the case to this Court for all pretrial matters under
28 U.S.C. § 636(b)(1). ECF No. 16. Brasswell moves for Holzschu to produce discovery material, including prior grievances and lawsuits against him. ECF No. 25. Local Rule 37.2 states that any discovery motion “shall include, in the motion itself or in an attached memorandum, a verbatim recitation of each interrogatory, request, answer, response, and objection which is the subject of the motion or a copy of the actual discovery document which is the subject of the motion.”
Although Brasswell challenges some of Holzschu’s objections to discovery requests, he does not include the verbatim requests or responses in dispute. This error prevents the Court from evaluating
whether the objections were proper. And failure to comply with the local rule warrants denial of the motion. Moore v. Maly, No. 4:18-cv-13845,
2021 WL 4522302, at *2 (E.D. Mich. Oct. 4, 2021). Thus, Brasswell’s motion is DENIED.
Brasswell also moves again for appointment of counsel. ECF No. 26. Three months ago, the Court denied his earlier motion for appointment of counsel without prejudice, reasoning that Brasswell has not shown
exceptional circumstances meriting appointment of counsel during this pretrial stage. ECF No. 24. This conclusion has not changed. Thus, Brasswell’s second motion to appoint counsel is DENIED WITHOUT PREJUDICE.
s/Elizabeth A. Stafford ELIZABETH A. STAFFORD Dated: December 16, 2025 United States Magistrate Judge
NOTICE TO PARTIES ABOUT OBJECTIONS Within 14 days of being served with this order, any party may file objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous or contrary to law.
28 U.S.C. § 636. “When an objection is filed to a magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the magistrate judge or a district judge.” E.D. Mich. LR 72.2. CERTIFICATE OF SERVICE
The undersigned certifies that this document was served on counsel of record and any unrepresented parties via the Court’s ECF System to their email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on December 16, 2025.
s/Davon Allen DAVON ALLEN Case Manager
Reference
- Status
- Unknown