Lewis v. Greason et al

Filing 31


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Case 2:21-cv-11939-NGE-KGA ECF No. 31, PageID.323 Filed 05/09/22 Page 1 of 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TOM LEWIS, Plaintiff, Case No. 2:21-cv-11939 District Judge Nancy G. Edmunds Magistrate Judge Kimberly G. Altman v. CHRISTINA RAMSEY, MELODY WALLACE, RICHARD RUSSELL, ALAN GREASON, REGINA JENKINSGRANT, FNU CAMPBELL, JEFFREY LUZIUS, UNKNOWN TRANSFER COORDINATOR, and UNKNOWN MAILROOM PERSONNEL, Defendants. _________________________________/ ORDER DENYING PLAINTIFF’S MOTION TO CONDUCT SERVICE THROUGH ECF AND LIMIT SERVICE WHERE IT REQUIRES SERVICE ON MULTIPLE DEFENDANTS (ECF No. 26) I. Introduction This is a prisoner civil rights case under 42 U.S.C. § 1983. Plaintiff Tom Lewis, proceeding pro se, filed a complaint against nineteen defendants located at three different correctional facilities. Following entry of an order of partial dismissal, only Lewis’ access-to-the-courts and retaliation claim against the above 1 Case 2:21-cv-11939-NGE-KGA ECF No. 31, PageID.324 Filed 05/09/22 Page 2 of 3 named defendants remain. See ECF No. 7. Under 28 U.S.C. § 636(b)(1), all pretrial matters were referred to the undersigned. (ECF No. 21). Before the Court is Lewis’ motion styled “Motion to Conduct Service Through the ECF and Limit Service Where it Requires Service on Multiple Defendants.” (ECF No. 26). For the reasons that follow, the motion will be DENIED. II. Discussion Lewis appears to request that he be relieved of having to provide multiple copies of his filings to defendants. However, as explained in the response filed by defendants Christian Ramsey and Jeffrey Luzius,1 MDOC Policy Directive (P.D.) 05.03.116 “Prisoners’ Access to the Courts” ¶¶ N–P sets forth how a prisoner may obtain photocopies of materials for legal purposes. Specifically, ¶ N provides that a prisoner shall use the Legal Photocopy Disbursement Authorization form to request copies, and ¶ O provides that a prisoner “shall be loaned funds to pay for the copying” of documents “necessary for the prisoner to file with the court or serve on a party to a lawsuit.” This process allows Lewis to obtain the copies necessary to serve the defendants without having to make multiple original copies. Currently, only Ramsey and Luzius have appeared and are represented by counsel. The other defendants are not represented nor does it appear that they have been served. 2 1 Case 2:21-cv-11939-NGE-KGA ECF No. 31, PageID.325 Filed 05/09/22 Page 3 of 3 Moreover, Fed. R. Civ. P. 5(b)(1) provides that service on a represented party must be made on the attorney unless the Court orders otherwise. Thus, Lewis only needs to send a copy to counsel for service on Ramsey and Lewis and copies to the other defendants once they are served. III. Conclusion For the reasons set forth above, Lewis’ “Motion to Conduct Service Through the ECF and Limit Service Where it Requires Service on Multiple Defendants” is DENIED. SO ORDERED. Dated: May 9, 2022 Detroit, Michigan s/Kimberly G. Altman KIMBERLY G. ALTMAN United States Magistrate Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on May 9, 2022. s/Carolyn Ciesla CAROLYN CIESLA Case Manager 3

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