Watson v. Jamsen et al

Filing 47

ORDER DENYING AS MOOT PLAINTIFF'S 30 Motion to Defer Summary Judgment - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRYL WATSON,
Plaintiff,

No. 16-13770

v.

District Judge Linda V. Parker
Magistrate Judge R. Steven Whalen

CHARLES JAMSEN, ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiff’s Motion to Defer Summary Judgment [Doc. #30], in
which he asks to defer ruling on Defendant McCarthy’s Motion for Summary Judgment
[Doc. #21] until he has had the opportunity for more discovery.
I denied a similar motion [Doc. #10] in which he sought to defer a summary
judgment motion filed by Defendant Landfair. Both summary judgment motions were
based on Plaintiff’s failure to exhaust his administrative remedies, as required by 42
U.S.C. § 1997e(a), and neither of which required additional discovery. However, I did
grant Plaintiff additional time to respond to Defendant McCarthy’s motion. See Doc.
#32. In addition, both Landfair and McCarthy have been dismissed without prejudice,
based on the exhaustion issue.
Therefore, Plaintiff’s present motion [Doc. #30] is DENIED AS MOOT.
IT IS SO ORDERED.
Dated: December 6, 2017

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on December 6, 2017 that I electronically filed the foregoing paper
with the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on December 6, 2017.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen