Cage v. Michigan, State of et al
ORDER Denying Without Prejudice Defendants' 43 Motion to Sever Based on Misjoinder of Parties and Claims. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-11679
Hon. Matthew F. Leitman
STATE OF MICHIGAN et al.,
ORDER DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION TO
SEVER BASED ON MISJOINDER OF PARTIES AND CLAIMS (ECF #43)
This is a pro se prisoner’s civil rights action. Plaintiff Harold Cage (“Mr.
Cage”) filed a multi-count Complaint against more than twenty different
Defendants who are employed at several different facilities operated by the
Michigan Department of Corrections. (See ECF #1.) The only motion currently
pending is Defendants’ motion to sever based upon misjoinder of parties and
claims (the “Motion”). (See ECF # 43.)
The Court is currently in the process of appointing counsel for Mr. Cage.
Once appointed, counsel for Mr. Cage will meet with defense counsel regarding
the possible misjoinder of the claims and defendants listed in the Complaint.
Counsel may very well resolve the issues raised in the Motion. Accordingly, the
Court DENIES the Motion WITHOUT PREJUDICE. If counsel cannot resolve
the issues raised in the Motion, then Defendants can refile a motion to sever.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 21, 2017
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 21, 2017, by electronic means and/or
s/Holly A. Monda
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