Horacek v. Wilson

Filing 131

ORDER Requiring Plaintiff to File Supplemental Paper within Fifteen Days or Face Potential Dismissal of the Case. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DANIEL HORACEK, Plaintiff, v. DERRICK WILSON, LIEUTENANT ATKINS, CAPTAIN WALLACE, SISTER PEGGY DEVANEY, OAKLAND COUNTY JAIL ADMINISTRATOR, OAKLAND COUNTY JAIL CLASSIFICATION DEPARTMENT, MARY, and JOHN DOES, Defendants. ___________________________________/ ORDER REQUIRING PLAINTIFF TO FILE SUPPLEMENTAL PAPER WITHIN FIFTEEN (15) DAYS OR FACE POTENTIAL DISMISSAL OF THE CASE This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff is proceeding pro se and in forma pauperis (IFP). Plaintiff raised a host of claims regarding his incarceration at the Oakland County Jail (OCJ) from June 24, 2005 through July 6, 2006 as a pre-trial detainee.1 The case has been referred to a magistrate judge for pre-trial proceedings and before whom certain defendants filed a motion for summary judgment. On March 30, 2009, the Court adopted the magistrate judge's report and recommendation (MJRR) on the summary judgment motion in part. Only plaintiff's First Amendment § 1983 claim and statutory claim regarding the provision of Kosher meals continue. Plaintiff was also directed to file a supplemental paper regarding this claim within thirty (30) days. Particularly, plaintiff's supplemental paper was to detail:
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Case No. 07-13822 HONORABLE AVERN COHN

Plaintiff is now on parole.

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The legitimacy of his right to Kosher meals A list of which defendant(s) were responsible for the allegedly inadequate provision of Kosher meals and the role of each defendant regarding the provision of Kosher meals.

See Order filed March 30, 2009. To date, plaintiff has not complied with the Court's order by filing a supplemental paper. Plaintiff shall file the supplemental paper within fifteen (15) days from the date of this order or face potential dismissal of the case. SO ORDERED. s/ Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: October 29, 2009 I hereby certify that a copy of the foregoing document was mailed to Daniel Horacek, 218347, 951 Indianwood Road, Lake Orion, MI 48362 and the attorneys of record on this date, October 29, 2009, by electronic and/or ordinary mail. s/ Julie Owens Case Manager, [phone]

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