Brown v. Rivard et al

Filing 24

ORDER finding as MOOT Defendant's 16 Motion for More Definite Statement. Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRENT BROWN, Case No. 5:16-cv-12362 Judge Judith Levy Magistrate Judge Anthony P. Patti Plaintiff, v. S. RIVARD, et al., Defendants. ___________________________________/ ORDER DENYING AS MOOT DEFENDANTS’ MOTION FOR MORE DEFINITE STATEMENT (DE 16) Judge Levy has referred pretrial matters to me for resolution in this pro se prisoner civil rights case. (DE 6.) Pending now is Defendants’ motion for more definite statement pursuant to Fed. R. Civ. P. 12(e),1 based on the illegibility of three pages of pro se Plaintiff’s Complaint. (DE 16.) After being granted an extension of time to do so (DE 21), Plaintiff filed a response on December 8, 2016. (DE 23.) Defendant did not file a reply within the time allotted for so doing under LR 7.1(e)(2)(C). Defendants correctly assert in their motion that pages 3, 7 and 9 of Plaintiff’s handwritten Complaint (DE 1) are illegible. Therefore, Defendants “ask                                                              1  Fed.R.Civ.P. 12(e) provides in relevant part that “[a] party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.” 1    that this Court order [Plaintiff] Brown to produce a more definite statement or a more legible complaint.” (DE 16 at 8.) In response, Plaintiff provided new, handwritten copies of those pages of his Complaint. (DE 23.) Ideally, Plaintiff would have resubmitted a new copy of the entire Complaint; nonetheless Defendants received the relief they requested—Plaintiff has provided legible copies of the previously illegible pages of his Complaint. The motion for more definite statement (DE 16) accordingly is DENIED AS MOOT. The portions of Plaintiff’s response containing legible copies of pages 3, 7 and 9 of Plaintiff’s Complaint (DE 23 at 3, 5 and 6) are substituted for the previously filed, illegible pages 3, 7 and 9 of the Complaint. (DE 1 at 3, 7, 9.) Defendants shall answer or otherwise plead in response to Plaintiff’s Complaint by January 10, 2017. IT IS SO ORDERED. Dated: December 20, 2016 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE I hereby certify that a copy of the foregoing document was sent to parties of record on December 20, 2016, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 2   

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