Diemond v. Nagy

Filing 18

ORDER for Defendant to Re-Serve His 17 MOTION for Summary Judgment :( Response due by 7/1/2024, Reply due by 7/8/2024) Signed by Magistrate Judge Elizabeth A. Stafford. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RYAN CHARLES DIEMOND,
Plaintiff,
v.

Case No. 23-12184
Honorable F. Kay Behm
Magistrate Judge Elizabeth A. Stafford

NOAH NAGY,
Defendant.
ORDER FOR DEFENDANT TO RE-SERVE
HIS MOTION FOR SUMMARY JUDGMENT
AND FOR PLAINTIFF TO RESPOND
Plaintiff Ryan Charles Diemond, a prisoner under the Michigan
Department of Corrections’ (MDOC) jurisdiction, filed this pro se civil rights
action against Defendant Noah Nagy under 42 U.S.C. § 1983. ECF No. 1;
ECF No. 13. The Honorable F. Kay Behm referred the case to the
undersigned for all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No.
10.
On April 18, 2024, Diemond filed a notice of change of address,
stating that he was transferred to G. Robert Cotton Correctional Facility.
ECF No. 14. A week later, Nagy moved for summary judgment but served
Diemond at his outdated Parnall Correctional Facility address. See ECF

No. 17, PageID.209. Diemond has not responded to the motion.
The Court thus ORDERS Nagy to re-serve his motion for summary
judgment at Diemond’s address and file a new certificate of service on the
Court’s docket by June 10, 2024. Diemond must respond to the motion by
July 1, 2024. Nagy may reply by July 8, 2024.
IT IS ORDERED.

s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge

Dated: June 5, 2024

NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file
objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous
or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a
magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the
magistrate judge or a district judge.” E.D. Mich. LR 72.2.

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served on
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 June 5, 2024.
s/Julie Owens
JULIE OWENS
Case Manager

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