Fleming v. Wayne County Jail et al

Filing 58

ORDER Directing Plaintiff to Provide further identification as to Three Defendants--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL DELON FLEMING,
Case No. 2:19-cv-12297
District Judge Mark A. Goldsmith
Magistrate Judge Anthony P. Patti

Plaintiff
v.
WAYNE COUNTY JAIL, et al.,
Defendants.
___________________________________/

ORDER DIRECTING PLAINTIFF TO PROVIDE FURTHER
IDENTIFICATION AS TO THREE DEFENDANTS
In August 2019, Michael Delon Fleming (#358778), who is currently
incarcerated at the Michigan Department of Corrections (MDOC) Bellamy Creek
Correctional Facility (IBC), filed the instant lawsuit stemming from his August 30,
2018 arrival at Wayne County Jail (WCJ). (ECF No. 1, PageID.13.) Fleming
names twenty-two defendants – seemingly comprised of fourteen Wayne County
Defendants and eight Correct Care Solutions Defendants. (ECF No. 1; see also
ECF No. 31, PageID.200 [Demand for Jury Trial].)
Plaintiff is proceeding in forma pauperis (ECF No. 12), so the United States
Marshals Service (USMS) is assisting with service of process upon Defendants.
See E.D. Mich. LR 4.1(b). In the more than two years since Plaintiff initiated this
case: (1) appearances have been entered on behalf of ten Defendants (ECF Nos.

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32, 36, 38, 39, 49); (2) the U.S. Marshals Service’s efforts are ongoing as to
another six Defendants (ECF Nos. 52-57); (3) service paperwork is likely
forthcoming as to Alabid (Al-Abid), Loftis, and Jean (ECF No. 48); yet, (4) the
status of service as to the remaining three Defendants – Sabiatian, Biaz and
Deniess – is unclear.
Plaintiff identifies Sabiatian as a Wayne County Jail (WCJ) 1st shift deputy,
Biaz as a WCJ 2nd shift deputy, and Deniess as the “head psychologist” for “the 4th
Floor, Mental Health, Div. 1[.]” (ECF No. 1, PageID.1-2.) It appears the USMS
attempted service upon these individuals on one occasion. (ECF No. 24,
PageID.134, 141, 145; ECF No. 29, PageID.177, 184, 188.) However, these
apparent attempts have not resulted in the filing of an executed waiver or an
appearance of counsel. Moreover, Wayne County has represented that it cannot
identify Biaz, Deniess, or Sabatian. (ECF No. 47, PageID.297.) Also, while the
Court previously ordered the USMS to attempt service upon these individuals at
the Wayne County Jail (see ECF No. 48, PageID.302), the USMS has informed the
Court that it needs further identifying information, namely a first name for each
individual.
Accordingly, Plaintiff is DIRECTED to provide, in writing, further contact
information for Biaz, Deniess and Sabatian, while paying particular attention to the
proper spelling of their first and last names and providing their addresses (if other
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than 570 Clinton Street, Detroit, MI 48226) (ECF No. 1, PageID.5, 7, 9), as such
information is critical to the success of the USMS’s attempts at service of process.
If Plaintiff is unable to provide such information, these Defendants will be
dismissed without prejudice. See Fed. R. Civ. P. 4(m) (“If a defendant is not
served within 90 days after the complaint is filed, the court--on motion or on its
own after notice to the plaintiff--must dismiss the action without prejudice against
that defendant or order that service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court must extend the time for
service for an appropriate period.”).
IT IS SO ORDERED.
Dated: December 10, 2021
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

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