Lewis v. Greason et al

Filing 31

ORDER DENYING PLAINTIFF'S 26 Motion TO CONDUCT SERVICE THROUGH ECF AND LIMIT SERVICE WHERE IT REQUIRES SERVICE ON MULTIPLE DEFENDANTS - Signed by Magistrate Judge Kimberly G. Altman. (CCie)

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
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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.
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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

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