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Jones v. Barnhart

United States District Court, E.D. Michigan, Southern Division

March 3, 2015

JOHN JONES (#162751), Plaintiff,
v.
PATRICIA BARNHART and PAULA MASS, Defendants.

REPORT AND RECOMMENDATION REGARDING DEFENDANT BARNHART'S MARCH 25, 2014 SECOND MOTION FOR SUMMARY JUDGMENT (DE 70)

ANTHONY P. PATTI, Magistrate Judge.

I. RECOMMENDATION:

The Court should deny defendant Barnhart's March 25, 2014 second motion for summary judgment (DE 70) without prejudice to renewal after the production of discovery ordered by this Court on February 27, 2015 (DE 94) takes place.

II. REPORT:

A. Plaintiff filed an amended complaint naming two (2) defendants on August 22, 2013.

Plaintiff John Jones (#162751) is currently incarcerated at the Michigan Department of Corrections (MDOC) Thumb Correctional Facility (TCF).[1] Plaintiff Jones originally filed this case on May 26, 2010 against several defendants. DE 1.

Plaintiff Jones's August 22, 2013 amended complaint (DE 59) names two (2) defendants: Patricia Barnhart, TCF's Warden at the time of the events in question, and Paula Mass, a TCF Physician Assistant at the time of the events in question. DE 59 at 1, 9. Each of the two defendants has appeared. DE 62, DE 66, DE 90 and DE 93.

B. Now before the Court is Defendant Barnhart's March 25, 2014 second motion for summary judgment.

Defendant Barnhart filed her initial motion for summary judgment on December 3, 2013 (DE 63), and Magistrate Judge Komives entered a related report and recommendation on February 27, 2014 (DE 68). On September 15, 2014, Judge Tarnow entered an order (DE 81) adopting the report and recommendation and denying the motion for summary judgment.

On March 25, 2014 - between the time Magistrate Judge Komives entered his report and recommendation (DE 68) and the time Judge Tarnow entered his ruling (DE 81) - Defendant Barnhart filed both a motion for leave to file a second motion for summary judgment (DE 69) and a second motion for summary judgment (DE 70).

Plaintiff filed a motion to compel discovery on April 9, 2014. DE 72. On April 15, 2014, Defendant Barnhart filed a motion to stay discovery. DE 74. On June 25, 2014, Plaintiff filed a response (DE 79) to Defendant Barnhart's motion for leave to file a second motion for summary judgment (DE 69) and Defendant Barnhart's motion to stay discovery (DE 74).

On November 25, 2014, the Court entered an order (DE 83) which, in part, granted Barnhart's motion for leave (DE 69) and set the deadline for Plaintiff's response to Barnhart's dispositive motion (DE 70) for December 31, 2014. Plaintiff responded to the dispositive motion on February 4, 2015. DE 87.

Approximately three (3) weeks later, on February 27, 2015, this Court entered an order (DE 94) granting in part Plaintiff's motion to compel discovery (DE 72) and denying in part Defendant Barnhart's motion to stay discovery (DE 74).

C. The Court should deny Defendant Barnhart's March 25, 2014 second motion for summary judgment without prejudice in light of ...


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