McCain v. Jenkins et al

Filing 131

ORDER AND ENTRY STAYING BRIEFING ON MOTIONS SERVED ON DEFENDANTS BY PRO SE PLAINTIFF BUT NOT YET FILED WITH THE COURT. Signed by Magistrate Judge Michael J. Newman on 1/22/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL D. MCCAIN, SR.,
Plaintiff,

Case No. 2:15-cv-1262

vs.
CHAROLETTE JENKINS, et al.,

District Judge Michael H. Watson
Magistrate Judge Michael J. Newman

Defendants.
______________________________________________________________________
ORDER AND ENTRY STAYING BRIEFING ON MOTIONS SERVED ON DEFENDANTS BY
PRO SE PLAINTIFF BUT NOT YET FILED WITH THE COURT

______________________________________________________________________________
On January 18, 2019, Defendants’ Counsel contacted the Court by
telephone to advise that pro se Plaintiff served upon them a 112-page
document
judgment.

captioned

as

pro

se

Plaintiff’s

See doc. 130 at PageID 1242.

cross-motion

for

summary

Such document has not, however,

been filed with the Court by pro se Plaintiff as required by the Civil
Rules.

See Fed. R. Civ. P. 5(d).

The Court cannot act on any motion until it filed and, therefore,
in the interest of justice, the undersigned STAYS the deadline by which
Defendants may be required under the Local Rules to file a memorandum
in opposition.

See S.D. Ohio Civ. R. 7.2(a)(2) (stating that “[a]ny

memorandum in opposition shall be filed within twenty-one days after the
date of service of [a] motion”).

The deadline by which Defendants must

file any memorandum in opposition to a motion served by pro se Plaintiff
shall be 21 days after it is filed on the Court’s docket.
IT IS SO ORDERED.
Date: January 22, 2019

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge