Myers v. Fitzgerald et al

Filing 42

ORDER CANCELLING HEARING--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARSHON MYERS,
Plaintiff,
v.

Case No. 2:14-10220
District Judge Stephen J. Murphy, III
Magistrate Judge Anthony P. Patti

CYNTHIA FITZGERALD, et al.
Defendants.
___________________________________/
ORDER CANCELLING THE HEARING ON DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT (DE 34)
Defendant Leffler filed a motion for summary judgment on January 27,
2016. (DE 34) The Court thrice granted Plaintiff’s response deadline extension
requests (DE 36 and 38), but to no avail, as Plaintiff failed to meet any of the
deadlines, and never filed a substantive response brief. (See DE 37 and 40).
Notwithstanding the lack of a written response, the Court decided to hold oral
argument on the motion, with a hearing initially set for July 13, 2016. (DE 40.)
That day, Plaintiff informed the Court by telephone that he was having
transportation issues and asked if the hearing could be rescheduled. The hearing
was duly rescheduled for July 22, 2016. (DE 41.) On July 21, 2016, the Court
was informed that Plaintiff would be unable to attend the hearing, as he had been

arrested and placed in custody, which the Court has confirmed through the Kent
County, Michigan website at: https://www.accesskent.com/InmateLookup/
showDetail.do?bookNo=1613553 (last accessed on July 22, 2016).
Having reviewed the papers that have been filed in this matter, Defendant’s
pending motion for summary judgment can and will be decided without oral
argument pursuant to E.D. Mich. LR 7.1(f)(2). Accordingly, the July 22, 2016
hearing is hereby CANCELLED and will not be rescheduled, and Court will take
action on this matter on the previously submitted papers alone.
IT IS SO ORDERED.

Dated: July 22, 2016

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

I hereby certify that a copy of the foregoing documents was sent to parties of record on
July 22, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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