Medlin v. Ormandy et al

Filing 30

ORDER as to 28 MOTION for Summary Judgment and Memorandum in Support.( Responses due by 3/1/2013). Signed by Magistrate Judge Donald G. Wilkerson on 1/28/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ELLIOT C. MEDLIN,
Plaintiff,
v.
L. ORMANDY, et al.,
Defendants.

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Case No. 12-cv-669

ORDER
WILKERSON, Magistrate Judge:
On January 17, 2013 the Clerk’s Office received a letter from Allan C. Mugan, an inmate at
USP Marion. Mr. Mugan attached to the letter a document that purports to be Plaintiff’s, Elliot C.
Medlin’s, response to the pending Motion for Summary Judgment (Doc. 28). Mr. Mugan explains
that he was assisting Plaintiff in prosecuting this case and that while the brief was being typed, Plaintiff
was sent to segregation. Mr. Medlin does not know when Plaintiff would be released and, out of an
abundance of caution, mailed the unsigned brief to the Court along with exhibits. The Court notes that
Plaintiff’s brief was due on January 10, 2013.
Mr. Mugan is not Plaintiff’s attorney and is not a named party to this case; therefore, he is
unable to file pleadings on behalf of Plaintiff. In addition, the document itself is unsigned and
therefore in violation of Federal Rule of Civil Procedure 11.
However, in light of Plaintiff’s apparent incarceration in segregation, the Court will retain a
copy of the pleading and sua sponte GRANTS Plaintiff until March 1, 2013 to to file his (signed)
brief, along with a motion for extension of time explaining his tardiness.
DATED: January 28, 2013

DONALD G. WILKERSON
United States Magistrate Judge