Bonga v. Abdellatif et al
Supplemental ORDER Requiring Plaintiff to Show Cause why his October 13, 2016 Motion for Preliminary Injunction (DE 3) has not been Rendered Moot by his Transfer., ( Plaintiff' Response due by 3/20/2017)--Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
JEFFREY LEE BONGA,
Case No. 2:16-cv-13685
Judge Sean F. Cox
Magistrate Judge Anthony P. Patti
WILLIAM C. BORGERDING,
VICTOR L. DOMINGUEZ-BEM,
KYLE W. PLOEN and
MARGARET A. OUELLETTE,
SUPPLEMENTAL ORDER REQUIRING PLAINTIFF TO SHOW CAUSE
WHY HIS OCTOBER 13, 2016 MOTION FOR PRELIMINARY
INJUNCTION (DE 3) HAS NOT BEEN RENDERED MOOT BY HIS
On October 13, 2016, while incarcerated at the Michigan Department of
Correction’s (MDOC’s) Alger Correctional Facility (LMF) in Munising, Michigan,
Jeffrey Lee Bonga (#271635) filed the instant lawsuit against 6 defendants.
Therein, Plaintiff identifies Defendant Abdellatif as located at the MDOC’s
Macomb Correctional Facility (MRF) and Defendants Jordan, Dominguez-Bem,
Ploen and Ouellette as located at the MDOC’s Lakeland Correctional Facility
(LCF). Plaintiff does not provide a location for Defendant Borgerding. (See DE 1
Judge Cox has referred this case to me for all pretrial proceedings. (DE 9.)
Currently before the Court is Plaintiff’s October 13, 2016 motion for preliminary
injunction, wherein he requests that the Court order “defendants, their agents,
employees and others working in concert with them to immediately approve and
dispense to Plaintiff the medications: Neuro[n]tins, Ultrams, and Pamelor for the
treatment of plaintiff’s serious medical needs[,]” such as his vertebrae injuries.
(DE 3 at 1, 5.)
At the time Plaintiff filed his motion for injunctive relief, he was
incarcerated at LMF. He has since been transferred to the MDOC’s St. Louis
Correctional Facility (SLF). (DE 10; see also www.michigan.gov/corrections,
“Offender Search.”) Several opinions from the Sixth Circuit discuss how claims
for injunctive relief may be rendered moot by an inmate’s transfer from one prison
to another. See, i.e., Kensu v. Haigh, 87 F.3d 172, 175 (6th Cir. 1996) (“to the
extent Kensu seeks declaratory and injunctive relief his claims are now moot as he
is no longer confined to the institution that searched his mail.”), Colvin v. Caruso,
605 F.3d 282 (6th Cir. 2010), Cardinal v. Metrish, 564 F.3d 794 (6th Cir. 2009).
Two of the defendants (Borgerding and Jordan) have yet to appear.
Accordingly, no later than Monday, March 20, 2017, Plaintiff SHALL
show cause in writing as to why his motion for preliminary injunction (DE 3)
has not been rendered moot by his transfer.2 Defendants will be given an
opportunity to respond, after which the Court will issue a report and
recommendation for the district judge’s consideration. The Court will
separately address Plaintiff’s complaint (DE 1) and any related, responsive
IT IS SO ORDERED.
Dated: February 21, 2017
s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
I hereby certify that a copy of the foregoing document was sent to parties of record
on February 21, 2017, electronically and/or by U.S. Mail.
Case Manager for the
Honorable Anthony P. Patti
The Court entered an initial show cause order on January 11, 2017. (DE 16.)
However, the copy mailed to Plaintiff at SLF was returned as undeliverable.
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