Alexander v. Calzetta et al

Filing 171

ORDER DENYING Plaintiff's 166 Motion Settlement Conference--Signed by Magistrate Judge Anthony P. Patti. (MWil)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION D’ANDRE ALEXANDER # 731077, Plaintiff Case No. 2:16-CV-13293 District Judge Mark A. Goldsmith Magistrate Judge Anthony P. Patti v. NICHOLAS CALZETTA, FRED GOVERN, ERICA HUSS, DARRIN VIITALA, MANDI SALMI, KENNETH NIEMISTO, KRISTINE GIESEN, TERRY MEDEN, CHAD LaCOUNT, HANNA SAAD, DR. ROSEN, C/O WATKINS, C/O LEWIS, C/O LEE, C/O SLAUGHTER, C/O HOUSTON, DAPHNE M. JOHNSON and RICHARD IDEMUDIA, Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR PROMPT SETTLEMENT CONFERENCE WITHOUT PREJUDICE (DE166) This matter is before the Court for consideration of Plaintiff’s motion for prompt settlement conference, requesting that the Court schedule a settlement conference in this matter. (DE 166.) On November 30, 2018, I entered my report on the evidentiary hearing regarding exhaustion and recommendation to grant the State Defendants’ motion for summary judgment. (DE 168.) And, on December 18, 2018, I entered my report and recommendation to (1) grant State Defendants’ motion to dismiss 42 U.S.C. § 1985 conspiracy claims and state law claims, (2) grant Defendant Terry Meden, M.D.’s second motion for summary judgment, (3) grant Defendant Hannah Saad, M.D.’s motion to dismiss/summary judgment being filed in lieu of answering Plaintiff’s complaint, and (4) sua sponte dismiss Plaintiff’s Eighth Amendment claim against Derek Rosen for failure to exhaust administrative remedies. (DE 170.) Acceptance of these recommendations would bring this case to a close. Accordingly, Plaintiff’s motion for prompt settlement conference is DENIED without prejudice pending Judge Goldsmith’s consideration of the pending reports and recommendations. To the extent that Plaintiff’s request relates to case no. 16-12069, pending before Judges Berg and Majzoub and as referenced in the instant motion, he is free to file a motion seeking similar relief in that case. IT IS SO ORDERED. Dated: December 19, 2018 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE 2 Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on December 19, 2018, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?