August v. Caruso et al

Filing 47

ORDER Granting Plaitniff's 36 Motion to Correct the Filing Date of Her Complaint. Signed by Magistrate Judge David R. Grand. (Goltz, D)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACY AUGUST, #714643,
Plaintiff,
v.

Civil Action No. 12-13775
Honorable Patrick J. Duggan
Magistrate Judge David R. Grand

PATRICIA CARUSO, et al.,
Defendants.
__________________________________/
ORDER GRANTING PLAINTIFF’S MOTION TO
CORRECT THE FILING DATE OF HER COMPLAINT [36]
The Court’s docket reflects that, on August 27, 2012, pro se Plaintiff Tracy August
(“August”) filed her complaint in the instant case. On January 8, 2013, the District Court entered
an Opinion and Order of Partial Summary Dismissal, dismissing August’s claims against several
of the named defendants. (Doc. #6). An Order of Reference was entered on April 1, 2013,
referring all pretrial matters to the undersigned pursuant to 28 U.S.C. §636(b). (Doc. #25).
On May 15, 2013, August filed a pleading entitled “Motion to Correct Plaintiff’s 42
U.S.C. §1983 True Filing Date of August 21, 2012.” (Doc. #36). In her motion, August asserts
that she gave her complaint to prison staff at the Women’s Huron Valley Complex for filing on
August 21, 2012. (Id. at ¶2). As proof of this fact, August attaches an Expedited Legal Mail
receipt, which – although extremely difficult to read – appears to show that August’s complaint
was in fact received by the prison staff at 8:50 a.m. on August 21, 2012. (Doc. #37 at 2-4). No
response was filed to this motion; thus, the Court has been presented with no contrary evidence.
Pursuant to the “prisoner mailbox rule,” a pro se prisoner’s complaint “is deemed filed
when it is handed over to prison officials for mailing to the court.” Brand v. Motley, 526 F.3d
921, 925 (6th Cir. 2008) (citing cases); see also Scuba v. Brigano, 527 F.3d 479, 484 (6th Cir.

2007); Stewart v. Gracik, 2011 WL 4559179, at *3 (W.D. Mich. Aug. 26, 2011). In this case,
then, August’s complaint should be deemed filed on August 21, 2012 – the date on which she
handed it over to prison staff for mailing – not August 27, 2012, the date on which the Court
apparently received it.
For the foregoing reasons, the Court GRANTS Plaintiff’s Motion to Correct the Filing
Date of her Complaint (Doc. #36). The docket shall be modified to reflect that Plaintiff’s
complaint was filed on August 21, 2012.
IT IS SO ORDERED.
Dated: September 19, 2013
Ann Arbor, Michigan

s/David R. Grand
DAVID R. GRAND
United States Magistrate Judge

NOTICE TO PARTIES REGARDING OBJECTIONS
The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which provides a period of
fourteen (14) days from the date of receipt of a copy of this order within which to file objections
for consideration by the district judge under 28 U.S. C. §636(b)(1).

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record
and any unrepresented parties via the Court’s ECF System to their respective email or First Class
U.S. mail addresses disclosed on the Notice of Electronic Filing on September 19, 2013.
s/Deborah J. Goltz for Felicia M. Moses
FELICIA M. MOSES
Case Manager

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