Stenberg v. Corizon Medical Services Inc. et al

Filing 73

ORDER Terminating Without Prejudice (1) Plaintiff's 3 Motion for a Preliminary Injunction and (2) Plaintiff's 14 Motion for an Emergency Hearing. Signed by District Judge Matthew F. Leitman. (HMon)

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Case 4:20-cv-10674-MFL-APP ECF No. 73, PageID.637 Filed 02/18/21 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD ALBERT STENBERG, Plaintiff, Case No. 20-cv-10674 Hon. Matthew F. Leitman v. CORIZON HEALTH, INC., et al., Defendants. __________________________________________________________________/ ORDER TERMINATING WITHOUT PREJUDICE (1) PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION (ECF No. 3) AND (2) PLAINTIFF’S MOTION FOR AN EMERGENCY HEARING (ECF No. 14) Plaintiff Edward Albert Stenberg is a state prisoner in the custody of the Michigan Department of Corrections. On March 12, 2020, Stenberg filed a pro se prisoner civil-rights action in which he brings claims arising out of medical treatment that he received while incarcerated. (See Compl., ECF No. 1.) Stenberg also filed two motions: (1) a motion for a preliminary injunction (ECF No. 3) and (2) a motion for an emergency hearing on his request for a preliminary injunction (ECF No. 14). Since the time that Stenberg filed these motions, the Court has appointed Stenberg pro bono counsel (see Order, ECF No. 16), and appointed counsel and counsel for Defendants have been working cooperatively to determine whether they can agree upon a course of medical care going forward for Stenberg. In addition, 1    Case 4:20-cv-10674-MFL-APP ECF No. 73, PageID.638 Filed 02/18/21 Page 2 of 2 Stenberg has indicated that he is likely to file a First Amended Complaint. (See Order, ECF No. 72.) Given these developments it appears likely that Stenberg’s motion for a preliminary injunction would need to be supplemented and updated by Stenberg’s pro bono counsel. Accordingly, the Court will TERMINATE WITHOUT PREJUDICE both Stenberg’s motion for a preliminary injunction (ECF No. 3) and Stenberg’s motion for an emergency hearing on that motion (ECF No. 14). Stenberg may re-file his preliminary injunction motion, if necessary and/or appropriate, after this current phase of the case concludes, and after he files a First Amended Complaint. IT IS SO ORDERED.           s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE   Dated: February 18, 2021 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 18, 2021, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764       2

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