Cage v. Michigan, State of et al

Filing 97

ORDER Denying Without Prejudice Defendants' 43 Motion to Sever Based on Misjoinder of Parties and Claims. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HAROLD CAGE, Plaintiff, Case No. 16-11679 Hon. Matthew F. Leitman v. STATE OF MICHIGAN et al., Defendants. __________________________________________________________________/ 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 1   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 ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 2  

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