Nunn v. MICHIGAN DEPARTMENT OF CORRETIONS et al

Filing 18

ORDER GRANTING PLAINTIFF'S 17 Motion for Reconsideration re 15 Order to Show Cause, filed by Ricardo Nunn - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICARDO NUNN,
Plaintiff,

No. 17-10818

v.

District Judge Nancy G. Edmunds
Magistrate Judge R. Steven Whalen

MICHIGAN DEPT. OF CORRECTIONS,
ET AL.,
Defendants.
/
ORDER
On June 1, 2018, I entered an amended order to show cause [Doc. #15], directing
Plaintiff Ricardo Nunn to identify the Defendants by their complete names, so that the
U.S. Marshal could properly serve them. In addition, Defendants Henderson, Jusain, and
Farris are not Michigan Department of Corrections employees, and Mr. Nunn has not
provided a proper address for service.
Mr. Nunn has now filed a motion for reconsideration of that order, requesting
additional time to properly identify the Defendants [Doc. #17].
Mr. Nunn is a pro se prison inmate, and I understand that he has a bit more
difficulty obtaining information than would an individual in free society who has legal
representation. As such, his request for additional time to comply with my previous order
is reasonable. However, in his motion for reconsideration, he also suggests that his
complaint was dismissed without prejudice, and asks for time to exhaust his
administrative remedies, as required by the Prison Litigation Reform Act (“PLRA”), 42
U.S.C. § 1997e(a). To be clear, at this point his complaint has not been dismissed.
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Further, the PLRA requires that a plaintiff exhaust administrative remedies before filing a
complaint, and exhaustion is not proper if it is completed after the complaint is filed. At
this point, the Court does not know which Defendants have been exhausted and which
have not, and this Order does not address the question of exhaustion. Rather, this Order
does no more than grant Mr. Nunn’s request for an extension of time to properly identify
the Defendants in this action and provide addresses for service on the non-MDOC
Defendants.
Therefore, Mr. Nunn’s motion for reconsideration [Doc. #17] is GRANTED. If he
provides this Court with the full names and locations of the Defendants by September 13,
2018, the Show Cause Order will be vacated, and the Court will grant a reasonable
extension of time for service.
IT IS SO ORDERED.
Dated: July 16, 2018

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on July 16, 2018 that I electronically filed the foregoing paper with
the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on July 16, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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