Sourander v. Hanft et al

Filing 45

ORDER GRANTING IN PART PLAINTIFF'S 44 Motion for an Extension of Time- Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICK ALAN SOURANDER,
Plaintiff,

No. 18-11162

v.

District Judge Gershwin A. Drain
Magistrate Judge R. Steven Whalen

SHERIFF HOWARD HANFT,
ET AL.,
Defendants.
/
ORDER GRANTING IN PART MOTION FOR EXTENSION [Doc. #44]
On January 25, 2019, I granted Plaintiff’s motion to extend time to respond to
Defendants’ motion to dismiss and to file a brief of excess length, giving Plaintiff until
March 8, 2019 to file is response. See Order [Doc. #38]. The Order was mailed to
Plaintiff at the address he provided, but was returned as undeliverable on February 15,
2019 [Doc. #40]. It also appears that the February 7, 2019 Notice Regarding Parties’
Responsibility to Notify Court of Address Changes [Doc. #39] may not have been
received by the Plaintiff as well.
Apparently not having received the Order, Plaintiff has now filed a second motion
for enlargement of time, in which he requests an extension to April 27, 2019 [Doc. #44].
The caption of that motion indicates that Plaintiff has been transferred to the Michigan
Reformatory.
First, E.D. Mich. L.R. 11.2 requires a party to file a notice with the Clerk of the
Court when his or her address has changed. Plaintiff did not do that. Therefore, he
must, within 21 days of the date of this Order, file that notice to the Clerk indicating
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his new address.
In addition, I understand that Plaintiff’s status as a prison inmate puts him at a
relative disadvantage compared to a litigant in free society, and I am therefore inclined to
give him some leeway in terms of reasonable extensions of time. However, the
Defendants filed their motion to dismiss on December 17, 2018, and I already granted a
generous extension to March 8, 2019. This case needs to move forward. Therefore, I
will allow the Plaintiff another extension, but not for as long as he asks. Instead,
Plaintiff’s second motion to extend [Doc. #44] is GRANTED to the extent that he will
file a response to Defendants’ motion to dismiss [Doc. #31] on or before April 1, 2019.
Plaintiff may file a brief commensurate in length to Defendants’ brief, that is, of
up to 50 pages.
The Clerk will mail a copy of this Order to Plaintiff at the following address:
Patrick Alan Sourander, #299947
Michigan Reformatory
1342 W. Main St.
Ionia, MI 48846
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: March 6, 2019

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CERTIFICATE OF SERVICE
I hereby certify on March 6, 2019 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 March 6, 2019.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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