Witek v. WASHINGTON et al

Filing 15

ORDER DIRECTING THE MDOC TO RESPOND AND DIRECTING THE CLERK--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KYLE AVERY WITEK,
Plaintiff
v.

Case No. 2:17-cv-13647
District Judge Arthur J. Tarnow
Magistrate Judge Anthony P. Patti

HEIDI E. WASHINGTON,
ERIC BALCARCEL,
BARBARA A. ANDERSON,
M. ZAMORA and
KAREN C. DELBEKE,
Defendants.
___________________________________/
ORDER DIRECTING THE MDOC TO RESPOND AND DIRECTING THE
CLERK OF THE COURT TO SERVE A COPY OF THIS ORDER UPON
MICHIGAN’S DEPARTMENT OF ATTORNEY GENERAL
Plaintiff Kyle Avery Witek is currently incarcerated at the MDOC’s St.
Louis Correctional Facility (SLF). On November 6, 2017, while incarcerated at
SLF, Plaintiff filed the instant lawsuit in pro per against five defendants. (DE 1 at
2-5.) Plaintiff is proceeding in forma pauperis. (DEs 2-3.)
By way of the Court’s December 15, 2017 opinion and order, Judge Tarnow
dismissed with prejudice Plaintiff’s claims against Defendants Heidi E.
Washington (MDOC Director), Erick Balcarcel (Acting Warden), and M. Zamora
(Healthcare Unit Manager), but directed service of the complaint upon the
remaining Defendants. (DE 5.) On December 19, 2017, the U.S. Marshal Service

acknowledged receipt of documents for service of process upon Defendant Barbara
A. Anderson (Registered Dietician) at MDOC Headquarters and Defendant Karen
C. Delbeke (Nurse Practitioner) at SLF. (DE 6.)
Since then, attorneys Ronald W. Chapman and Carly A. Van Thomme have
appeared on behalf of Defendant Delbeke (DEs 9, 10) and Defendant Anderson has
executed a waiver of the service of summons (DE 12). However, there has been no
appearance of counsel on Defendant Anderson’s behalf.
Upon consideration, no later than Tuesday, April 24, 2018, the MDOC
SHALL inform this Court, in writing, whether Defendant Anderson will be
represented by Michigan’s Department of Attorney General. This requirement
may be satisfied either by filing a notice of appearance on Defendant Anderson’s
behalf or by filing a letter explaining otherwise. In addition, considering that there
is no currently active MDOC defendant, the Clerk of the Court is DIRECTED to
serve a copy of this order upon Assistant Attorney General Denise Barton, Chief of
the Civil Litigation, Employment & Elections Division, as this department is
responsible for representing the MDOC. See
http://www.michigan.gov/ag/0,4534,7-359-82100---,00.html (last visited Apr. 10,
2018).1

1

According to the State Bar of Michigan’s Member Directory, Ms. Barton’s
address is 525 W Ottawa St Fl 5, Lansing, MI 48909-8236. See
https://www.zeekbeek.com/SBM/Search2 

IT IS SO ORDERED.

Dated: April 12, 2018

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on April 12, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

Results#fname=denise&lname=barton&mtype=good&region=MI (last visited Apr.
10, 2018).
3