Bennett v. MDOC et al

Filing 31

ORDER DENYING PLAINTIFF'S 17 Motion to Stay - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CARL BENNETT,
Plaintiff,

No. 15-14465

v.

District Judge Matthew F. Leitman
Magistrate Judge R. Steven Whalen

MICHIGAN DEPT. OF CORRECTIONS,
ET AL.,
Defendants.
/
ORDER
Plaintiff Carl Bennett, a prison inmate in the custody of the Michigan Department
of Corrections (“MDOC”), has filed a pro se civil rights complaint under 42 U.S.C. §
1983. On May 9, 2016, he sent the Court a letter [Doc. #17] requesting an extension of
time to prepare his case, because he was attempting to retain a lawyer and was unsure if
he would be able to do so. I have construed Plaintiff’s letter as a motion to stay the case.
On August 24, 2016, attorney Carla D. Aikens filed an appearance on Plaintiff’s
behalf [Doc. #21], and the Court granted an extension of time for Plaintiff to file a
response to Defendant Jackson Allegiance Hospital’s motion to dismiss. Plaintiff, through
counsel, filed that resonse on September 22, 2016 [Doc. #29], along with a motion to
amend/correct the complaint [Doc. #28]. Defendant MDOC filed a motion to dismiss on
September 16, 2016 [Doc. #27], and the time for Plaintiff to respond (21 days from the
filing date) has not yet expired.

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The case is on track to move forward. Plaintiff’s letter/motion to stay [Doc. #17] is
DENIED AS MOOT.
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: September 27, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
September 27, 2016, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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