Taylor-Bey v. Deangelo et al

Filing 22

ORDER for Plaintiff to clarify his request, in writing, by Wednesday, February 28, 2024; and the Court also extends the deadline for Defendants to file a responsive pleading sua sponte from Monday, February 12, 2024 to Wednesday, March 13, 2024. See Fed. R. Civ. P. 6(b)(1)(A). (See ECF Nos. 15, 16.) Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Leon Taylor-Bey,
Plaintiff,
v.

Case No. 23-11958
Judith E. Levy
United States District Judge

Jodi Deangelo and Heidi
Washington,

Mag. Judge Curtis Ivy, Jr.

Defendants.
________________________________/
ORDER
On or about January 19, 2024, Plaintiff Leon Taylor-Bey filed a
letter with the Court, stating:
Due to medical reasons, upcoming operation on my back and
operation on my one eye, I need [a] one[-]year dismissal
without prejudice.
The Defendants have not file[d] answers to [the] complaint
yet.
[I] [a]wait your prompt reply.
(ECF No. 19, PageID.124.) Because Plaintiff is proceeding without the
benefit of counsel, the Court must liberally construe his filings. See
Sutton v. Mountain High Invs., LLC, No. 21-1346, 2022 WL 1090926, at

*2 (6th Cir. Mar. 1, 2022) (citing Haines v. Kerner, 404 U.S. 519, 520
(1972)). However, it is not clear whether Plaintiff is requesting that the
Court stay the case for one year or dismiss the case without prejudice
under Federal Rule of Civil Procedure 41(a)(1)(A).1
Accordingly, the Court ORDERS Plaintiff to clarify his request, in
writing, by Wednesday, February 28, 2024. In his response, Plaintiff
must indicate whether he is requesting (1) a stay of the proceedings for
one year or (2) a dismissal without prejudice under Rule 41(a)(1)(A).2
In light of Plaintiff’s request, the Court also extends the deadline
for Defendants to file a responsive pleading sua sponte from Monday,
February 12, 2024 to Wednesday, March 13, 2024. See Fed. R. Civ. P.
6(b)(1)(A). (See ECF Nos. 15, 16.)
IT IS SO ORDERED.
Dated: February 7, 2024
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

Rule 41(a)(1)(A) states: “[T]he plaintiff may dismiss an action without a court
order by filing . . . a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment[.]”
1

The Court notes that if Plaintiff elects to dismiss this case without prejudice,
he will forfeit the filing fee paid in this case and will be required to pay an additional
filing fee of $402.00 (or apply to proceed in forma pauperis) when he refiles this case.
2

2

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon 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 February 7, 2024.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

3