Bills et al v. Klee

Filing 16

ORDER Denying as Moot (1) 13 Motion Requesting Jury Trial, and (2) 14 Motion to Amend First Complaint and Further Extending Time for Plaintiff to File First Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICKEY BILLS,
Plaintiff,

Case No. 15-cv-11414
Hon. Matthew F. Leitman

v.
DANIEL HEYNS et al,
Defendants.
_________________________________/
ORDER DENYING AS MOOT (1) MOTION REQUESTING JURY TRIAL
(ECF #13) AND (2) MOTION TO AMEND FIRST COMPLAINT (ECF #14)
AND FURTHER EXTENDING TIME FOR PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT
Plaintiff Rickey Bills (“Bills”) is a Michigan state prisoner incarcerated at
the Muskegon Correctional Facility in Muskegon, Michigan. On April 20, 2015,
Bills filed a civil-rights action in this Court under 42 U.S.C. § 1983 (the
“Complaint”). (See ECF #1.) On October 16, 2015, the Court ordered Bills to
show cause in writing why it should not dismiss the Complaint for failure to state a
cognizable claim against either of the two named Defendants in that pleading (the
“Show Cause Order”). (See ECF #6.) Bills responded to the Show Cause Order by
filing, among other things, (1) a motion requesting leave to file a First Amended
Complaint (see ECF #8) and (2) a motion requesting a jury trial (see ECF #10).
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Based on the new factual allegations Bills included in his filings, the Court
vacated the Show Cause Order. (See ECF #11). The Court also issued a written
order in which it held that “Bills should be entitled to amend his Complaint to
include the factual allegations he included in his motion to amend.” (See ECF #12
at 3, Pg. ID 112.) The Court directed Bills to file his First Amended Complaint
within 45 days and to include the “detailed and specific factual allegations against
each individual he wishes to name as Defendant in this action.” (Id.) The Court
also granted Bills’ motion for a jury trial. (See id. at 4, Pg. ID 113.)
On February 16, 2016, Bills filed two new motions: (1) a motion requesting
leave to file a First Amended Complaint (see ECF #14) and (2) a motion
requesting a jury trial (see ECF #13). It appears that Bills believes that he needs
further permission from the Court to file his First Amended Complaint.
The Court wants to make clear to Bills that he has permission to file a First
Amended Complaint. He shall do so by no later than May 27, 2016. As the Court
previously ordered, the First Amended Complaint shall include detailed and
specific factual allegations against each individual Bills wishes to name as
Defendant in this action. Bills’ failure to file a First Amended Complaint by May
27, 2016, may result in the dismissal of this action.

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Because the Court has already granted Bills the relief he seeks in both of his
currently pending motions (ECF ## 13-14), the Court will DENY the motions as
MOOT.
IT IS SO ORDERED.

Dated: April 21, 2016

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on April 21, 2016, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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