Smith et al V. Washington et al

Filing 24

ORDER Denying 23 Plaintiff's Motion to File an Amended/New Complaint and to Reopen the Case. Signed by District Judge Victoria A. Roberts. (LVer)

Case 2:18-cv-10736-VAR-EAS ECF No. 24, PageID.134 Filed 06/22/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRICK LEE SMITH,
Plaintiff,
CASE NO. 2:18-CV-10736
HONORABLE VICTORIA A.. ROBERTS

v.
JUDGE PRENTIS EDWARDS JR.,
HEIDI WASHINGTON, and
14,000 MDOC EMPLOYEES,
Defendants.
________________________________/

ORDER DENYING PLAINTIFF’S MOTION TO FILE AN
AMENDED/NEW COMPLAINT AND TO REOPEN THE CASE
This is a pro se civil rights case brought pursuant to 42 U.S.C. § 1983. In his Amended
Complaint, Michigan prisoner Derrick Lee Smith (“Plaintiff”) challenged his state criminal
proceedings (“criminal case claims”) and challenged certain Michigan Department of
Corrections (“MDOC”) policies concerning the lack of conjugal visits and the receipt of prisoner
mail (“prison policy claims”). On October 5, 2018, the Court dismissed the prison policy claims
based upon misjoinder and dismissed the criminal case claims for failure to state a claim upon
which relief may be granted and based upon absolute judicial immunity. ECF Nos. 21, 22. The
matter is now before the Court on Plaintiff’s motion seeking to file an amended/new complaint
and to reopen this case to proceed on his prison policy claims. Plaintiff dated his motion on May
30, 2022. ECF No. 23.
The Court, however, dismissed Plaintiff’s prison policy claims from this case on the basis
of misjoinder and did not retain jurisdiction over them. The Court then dismissed his criminal
case claims and closed the case. Consequently, if Plaintiff seeks to pursue his prison policy

Case 2:18-cv-10736-VAR-EAS ECF No. 24, PageID.135 Filed 06/22/22 Page 2 of 2

claims, he must file a new civil rights complaint in a new case in compliance with the federal
rules applicable to such actions. This case will not be reopened. Accordingly, the Court
DENIES Plaintiff’s motion.1 This case remains closed.
IT IS SO ORDERED.

s/ Victoria A. Roberts
VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE
Dated: June 22, 2022

1

The Court notes that Plaintiff’s request is also not particularly timely given that the
Court dismissed his Amended Complaint and closed this case over 3 ½ years ago.
2