Fleming v. Wayne County Jail et al

Filing 86

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). On several occasions over the 32-month life of this
case, the Clerk of the Court has prepared service paperwork and the USMS has

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made attempts to effect service upon Defendants. (ECF Nos. 24, 29, 52-57, 60,
62.) At this time, appearances have been entered on behalf of seventeen
Defendants. (ECF Nos. 32, 36, 38, 39, 49, 63, 75.)
Still, there are five Defendants who have yet to appear in this lawsuit.
Preliminarily, the status of the USMS’s November 2021 attempt to serve Jordan
Murbach, who is described as a WCJ 2nd shift deputy, is unclear. (ECF No. 1,
PageID.2; ECF No. 47, PageID.297; ECF No. 54.)
Notwithstanding these observations, the focus of this order is the unclear
status of service as to three Defendants: (1) Sabiatian, who Plaintiff describes as a
Wayne County Jail (WCJ) 1st shift deputy; (2) Biaz, who Plaintiff describes as a
WCJ 2nd shift deputy; and, (3) Deniess, who Plaintiff describes as the “head
psychologist” for “the 4th Floor, Mental Health, Div. 1[.]” (ECF No. 1, PageID.12.) 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

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has informed the Court that it needs further identifying information, namely a first
name for each individual.
Accordingly, no later than Thursday, May 12, 2022, 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 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: April 13, 2022

__________________
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

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