Prison Legal News v. Wickersham et al

Filing 66

ORDER denying 55 Motion for Summary Judgment. Signed by District Judge Avern Cohn. (MVer)

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  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PRISON LEGAL NEWS, Plaintiff, v. Case No. 15-12350 ANTHONY WICKERSHAM, MICHELLE SANBORN and MACOMB COUNTY, HON. AVERN COHN Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON CLAIMS FOR DECLARATORY RELIEF, (Doc. 55) I. This is a First Amendment case brought under 42 U.S.C. § 1983 involving the distribution of a publication, Prison Legal News, to inmates of the Macomb County Jail. Plaintiff Prison Legal News is suing Defendant Macomb County and its officials over the jail’s inmate mail policy that was instituted in August 2013 and later revised. II. The Court bifurcated plaintiff’s claims for injunctive relief and claims for damages. On June 17, 2016, the Court entered a stipulated order of permanent injunction regarding inmate mail, (Doc. 49). Plaintiff seeks no further injunctive relief. III. On January 11, 2017, plaintiff filed a “Motion for Summary Judgment on Claims for Declaratory Relief,” (Doc. 55). Plaintiff asks the Court for a declaratory judgment.   IV. For the reasons stated on the record at the June 7, 2017 hearing on plaintiff’s motion, it is DENIED because it seeks an advisory opinion from the Court. SO ORDERED. s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: June 13, 2017 Detroit, Michigan 2 

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