Mann v. Schlottman et al

Filing 43

ORDER Terminating Plaintiff's 36 October 11, 2016 Motion and 37 October 21, 2016 Motion as Moot. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JACK MANN,
Plaintiff,

Case No. 15-cv-12869
Hon. Matthew F. Leitman

v.
SOE SCHLOTTMAN, et al.,
Defendants.
_________________________________/
ORDER TERMINATING PLAINTIFF’S OCTOBER 11, 2016 MOTION
(ECF #36) AND OCTOBER 21, 2016 MOTION (ECF #37) AS MOOT
Plaintiff Jack Mann (“Mann”) is an inmate currently in the custody of the
Federal Bureau of Prisons (the “BOP”). (See Amended Complaint, ECF #31.) On
August 7, 2015, Mann brought a pro se action against (1) various federal
corrections officers and officials, whom Mann has identified only as Mr.
Schlottman, Ms. Bittenbender, Warden J.A. Terris, Mr. Gillespie, and C.O. Rische,
(2) the BOP, and (3) the Department of Justice (collectively, the “Defendants”)
(See Complaint, ECF #1). On July 6, 2016, Mann filed an Amended Complaint
that added two Defendants: The United States and an official Mann only identified
as Ms. Sauter. (See ECF #31.) On July 26, 2016 the Court issued an order that (1)
indicated that the Court would treat the Amended Complaint as the operative

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complaint; and (2) extended the summonses for all Defendants to October 19,
2016. (See ECF #34.)
On October 11, 2016, Mann filed a “Motion for Evidence to Be Included on
the Record Providing Proof the Defendants are Attempting to De-Rail Plaintiff
Mann’s Complaint and for Other Relief” (the “October 11 Motion”). (See ECF
#36.) On October 21, 2016, Mann filed a “Motion to Allow Evidence on the
Record Proving Mann Complied with the Order of this Court Which Mandated
Service to Defendants No Later than October 19, 2016” (the “October 21
Motion”). (See ECF #37.)

Both motions concern Mann’s attempts to serve

Defendants prior to the October 19 deadline set forth in the Court’s July 26, 2016
order.
On November 10, 2016, Defendants filed a Notice of Acceptance of Service
to inform the Court that:
To expedite this case and obviate the need for additional
attempts at service, and because [D]efendants have actual
notice of the suit and wish to defend on the merits,
undersigned counsel, with consent of defendants, agrees
to accept service on behalf of all [D]efendants as of
October 7, 2016.
(ECF # 38 at 2, Pg. ID 293.)
Given Defendants’ acceptance of service, Mann no longer needs leave of the
Court to enter evidence on the record proving that he has successfully served

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Defendants. Accordingly, the Court TERMINATES AS MOOT Mann’s October
11 Motion (ECF #36) and October 21 Motion (ECF #37).
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 6, 2016

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on December 6, 2016, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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