Christian v. Ducatt et al

Filing 68

ORDER GRANTING Plaintiff's 63 MOTION TO EXTEND filed by Aubrey Christian., ( Plaintiff's Deadline to file Amended Complaint--5/15/2015)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AUBREY CHRISTIAN,
Plaintiff,
v.

Case No. 2:13-cv-13931
Judge Stephen J. Murphy, III
Magistrate Judge Anthony P. Patti

DANIEL L. DUCATT, et al.
Defendants.
ORDER GRANTING PLAINTIFF’S MARCH 9, 2015 MOTION FOR
EXTENSION OF TIME TO IDENTIFY DEFENDANT JOHN DOE, H.U.M.
(DE 63) and PERMITTNG LIMITED DISCOVERY

A.

Background
Plaintiff Aubrey Christian (#722265) initiated this case on September 13,

2013 while incarcerated at Lakeland Correctional Facility (LCF) in Coldwater,
Michigan. DE 1. He is currently incarcerated at the Gus Harrison Correctional
Facility (ARF) in Adrian, Michigan. See www.michigan.gov/corrections,
“Offender Search.”
This case was reassigned from Magistrate Judge Komives to me on January
13, 2015. Since then, this Court has entered several orders (DEs 54-61), among
which are (a) an order (DE 56) granting in part plaintiff’s motion for leave to file
amended / supplemental complaint (DE 28) and striking plaintiff’s proposed first

amended complaint (DE 29), which provided in part that Plaintiff may file an
amended complaint no later than March 16, 2015; (b) an order (DE 58) granting
plaintiff’s motion to stay discovery (DE 43); and (c) an order (DE 59) which
provided, in part, that no later than March 2, 2015, Plaintiff should inform the
Court, in writing, of the identity of John Doe, H.U.M. #1, who is described in the
original complaint as located at ARF (see DE 1 ¶ 10).
B.

Pending Motion
Currently before the Court is Plaintiff’s March 9, 2015 motion (DE 63) for

extension of time to identify Defendant John Doe, H.U.M. Therein, Plaintiff
claims he “has requested the identity of Defendant John Doe H.U.M. from the
[MDOC] on multiple occasions, however, the [MDOC] has been unwilling to
name the identity of Defendant John Doe H.U.M.” DE 63 ¶ 2. As a result,
Plaintiff claims, “without Discovery, [he] will be unable to properly identify
Defendant John Doe H.U.M. by the March 2, 2015 deadline because all Discovery
has been stayed.” DE 63 ¶ 5.
The MDOC Defendants filed a response on March 10, 2015. DE 66. They
“stipulate to Plaintiff’s motion for additional time to find Defendant John Doe
provided that Plaintiff’s deadline for filing his amended complaint is extended past
March 16, 2015.” DE 66 at 2.

C.

Order
Upon consideration, Plaintiff’s March 9, 2015 motion (DE 63) for extension

of the time within which to identify Defendant John Doe, H.U.M., is GRANTED.
The deadline by which Plaintiff must identify Defendant John Doe, H.U.M., is
extended to Friday, May 8, 2015. In addition, Plaintiff may have a limited lift of
the stay imposed on February 13, 2015 (DE 58) in order conduct discovery for the
sole purpose of being able to identify John Doe, H.U.M. Finally, Plaintiff’s
deadline to file his amended complaint subject to the conditions discussed in this
Court’s February 12, 2015 order (DE 56) is extended to Friday, May 15, 2015.
IT IS SO ORDERED.

Dated: March 17, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I certify that a copy of this document was sent to parties of record on Tuesday, March 17, 2015, 
electronically and/or by U.S. Mail. 

s/Michael L. Williams   
Case Manager to the  
Honorable Anthony P. Patti