Lewis v. Greason et al

Filing 94

ORDER LIFTING STAY OF PROCEEDINGS AND REQUIRING RESPONSES TO PENDING DISPOSITIVE MOTIONS re 74 MOTION to Dismiss OR IN THE ALTERNATIVE MOTION for Summary Judgment WITH BRIEF IN SUPPORT ON THE BASIS OF EXHAUSTION WITH A CERTIFICATE OF SERVICE filed by FNU Campbell, Richard Russell, Melody Wallace AND 33 MOTION for Summary Judgment on the basis of exhaustion with a brief in support and certificates of service filed by Jeffery Luzius: (Plaintiff's Responses due by 12/27/2022) - Signed by Magistrate Judge Kimberly G. Altman. (CCie)

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Case 2:21-cv-11939-NGE-KGA ECF No. 94, PageID.1139 Filed 11/21/22 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. ALAN GREASON, REGINA JENKINSGRANT, CHRISTINA RAMSEY, JEFFREY LUZIUS, MELODY WALLACE, RICHARD RUSSELL, FNU CAMPBELL, UNKNOWN MAILROOM PERSONNEL, and UNKNOWN TRANSFER COORDINATOR, Defendants. _________________________________/ ORDER LIFTING STAY OF PROCEEDINGS AND REQUIRING RESPONSES TO PENDING DISPOSITIVE MOTIONS 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. (ECF No. 1). Following entry of an order of partial dismissal, only Lewis’ access-to-the-courts and retaliation claim against the above-named defendants remained. See ECF No. 7. Under 28 U.S.C. § 636(b)(1), all pretrial matters were referred to the undersigned. (ECF No. 21). 1 Case 2:21-cv-11939-NGE-KGA ECF No. 94, PageID.1140 Filed 11/21/22 Page 2 of 3 On September 1, 2022, Lewis filed a motion for the appointment of counsel, which was conditionally granted by the undersigned. (ECF Nos. 82, 87). Proceedings in this matter were stayed for a period of 90 days while the Court’s pro bono program attempted to find counsel for Lewis. (ECF No. 87). On November 21, 2022, the Court was informed by the Pro Se Case Administrator that counsel was not obtained within the time allotted. Therefore, the undersigned ORDERS that the stay be LIFTED, and that Lewis shall continue proceeding pro se. Further, there are two pending dispositive motions from defendants in this matter. See ECF No. 33, Motion for Summary Judgment by Jeffery Luzius; and ECF No. 74, Motion to Dismiss or in the alternative for Summary Judgment by FNU Campbell, Richard Russell, and Melody Wallace. Lewis is ORDERED TO RESPOND to these motions by December 27, 2022. A failure to file responses may result in a recommendation to grant the motions. SO ORDERED. Dated: November 21, 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 November 21, 2022. 2 Case 2:21-cv-11939-NGE-KGA ECF No. 94, PageID.1141 Filed 11/21/22 Page 3 of 3 s/Carolyn Ciesla CAROLYN CIESLA Case Manager 3

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