Watson v. Jamsen et al
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
District Judge Linda V. Parker
Magistrate Judge R. Steven Whalen
CHARLES JAMSEN, ET AL.,
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
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