Jones v. Parrish et al

Filing 54

ORDER Correcting September 15, 2015 Opinion and Order and Reinstating Defendant D. Maynard. Signed by District Judge Linda V. Parker. (SSch)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TREMAIN JONES,
Plaintiff,
v.

Case No. 14-13153
Honorable Linda V. Parker

LYNN PARRISH, ET AL.,
Defendants.
/
ORDER CORRECTING SEPTEMBER 15, 2015 OPINION AND ORDER
AND REINSTATING DEFENDANT D. MAYNARD
On August 14, 2014, Plaintiff Tremain Jones (“Plaintiff”) commenced this
lawsuit against fifty-two defendants which include the Michigan Department of
Corrections (“MDOC”) and MDOC employees. Most of the individual defendants
named in Plaintiff’s complaint work or have worked at one of the four correctional
facilities where Plaintiff has been incarcerated. In his Complaint, Plaintiff asserts
twelve separate counts that claim violations of his federal constitutional rights,
federal statutes, and state law. The matter has been assigned to Magistrate Judge
Anthony P. Patti for all pretrial proceedings, including a hearing and determination
of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report
and recommendation (“R&R”) on all dispositive matters pursuant to 28 U.S.C.
§ 636(b)(1)(B).

On August 12, 2015, Magistrate Judge Patti issued an R&R with respect to
motions to sever filed by several defendants. (ECF No. 41.) In his R&R,
Magistrate Judge Patti recommended granting in part the motions and dismissing
without prejudice Plaintiff’s causes of action that do not arise from alleged
misconduct at the Bellamy Creek Correctional Facility (“IBC”). (Id.) Magistrate
Judge Patti also recommended that the Court dismiss any defendants who were not
involved in the activities at IBC. (Id.) Stated differently, Magistrate Judge Patti
“recommend[ed] that the action proceed against only the IBC Defendants (McKee,
Parrish, Maynard, Kimble, Ryan, Walker, Bolton, Bradley, Franks, Schooley,
Curtis, Russell, and Heyns) and the MDOC.” (Id. at Pg ID 906.)
On September 25, 2015, this Court issued an opinion and order adopting
Magistrate Judge Patti’s recommendations. (ECF No. 48.) In this decision,
however, the Court accidentally included Maynard in the list of individuals to be
dismissed from the action. (Id. at Pg ID 950.) The Court therefore is
REINSTATING Maynard as a party to this action. The Court additionally notes
that while the R&R refers to Curtis, Russell, and Heyns as “IBC Defendants”, see
supra, these individuals do not appear to be IBC correctional employees.
Nevertheless, as Plaintiff’s allegations against these three defendants relate to the

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activities at IBC, the action will proceed against them.
SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: November 12, 2015
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, November 12, 2015, by electronic and/or
U.S. First Class mail.
s/ Richard Loury
Case Manager

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