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Doe v. Department of Corr.

Supreme Court of Michigan

March 6, 2015

JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, and JOHN DOE 7, on behalf of themselves and a class of all others similarly situated, Plaintiffs-Appellees,
v.
DEPARTMENT OF CORRECTIONS, GOVERNOR OF THE STATE OF MICHIGAN, DIRECTOR OF MICHIGAN DEPARTMENT OF CORRECTIONS, DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, FORMER DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, CHIEF DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, WARDEN OF CARSON CITY CORRECTIONAL FACILITY, WARDEN OF CHARLES EGELER RECEPTION AND GUIDANCE CENTER, WARDEN OF EARNEST C. BROOKS CORRECTIONAL FACILITY, WARDEN OF GUS HARRISON CORRECTIONAL FACILITY, WARDEN OF RICHARD A. HANDLON CORRECTIONAL FACILITY, WARDEN OF OAKS CORRECTIONAL FACILITY, WARDEN OF THUMB CORRECTIONAL FACILITY, WARDEN OF CHIPPEWA CORRECTIONAL FACILITY, WARDEN OF MARQUETTE BRANCH PRISON, and WARDEN OF BELLAMY CREEK CORRECTIONAL FACILITY, Defendants-Appellants

COA: 324602. Washtenaw CC: 13-001196-CZ.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

Page 713

Order

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the January 16, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as [497 Mich. 975] on leave granted. The motion for stay is GRANTED. Trial court proceedings are stayed pending the completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

We direct the Court of Appeals' attention to the fact that on October 22, 2014, we also remanded John Doe 1 v Dep't of Corrections (COA Docket Nos. 321013, 321756) to the Court of Appeals for consideration as on leave granted.


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