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Alexander v. Galzetta

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

January 3, 2018

D'ANDRE ALEXANDER, Plaintiff
v.
NICHOLAS GALZETTA, FRED GOVERN, ERICA HUSS, DARRIN VIITALA, MANDI SALMI, KENNETH NIEMISTO, KRISTINE GIESEN, TERRY MEDEN, CHAD LaCOUNT, HANNA SAAD, DR. ROSEN, C/O WATKINS, C/O LEWIS, C/O LEE, C/O SLAUGHTER, C/O HOUSTON, DAPHNE M. JOHNSON and RICHARD IDEMUDIA Defendants.

          Mark A. Goldsmith, District Judge

         ORDER (1) DENYING PLAINTIFF'S MOTIONS TO STAY SUMMARY JUDGMENT (DEs 51, 58), (2) DENYING PLAINTIFF'S MOTION TO EXPEDITE (DE 63) AS MOOT, (3) GRANTING PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT (DE 64), (4) GRANTING DEFENDANTS' MOTIONS FOR PROTECTIVE ORDER (DEs 67, 68), (5) DENYING PLAINTIFF'S MOTION TO COMPEL (DE 72) WITHOUT PREJUDICE, (6) SETTING NEW BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT, AND (7) DIRECTING THE CLERK TO SERVE THIS ORDER ON PLAINTIFF AT THE CHIPPEWA CORRECTIONAL FACILITY, GUS HARRISON CORRECTIONAL FACILITY, AND THE RICHARD A. HANDLON CORRECTIONAL FACILITY ADDRESSES

          Anthony P. Patti, Magistrate Judge

         A. Background

         1. Service Address

         D'Andre Alexander (#731077) is currently incarcerated at the MDOC's Chippewa Correctional Facility (URF) in Kincheloe, Michigan. See www.michigan.gov/corrections, “Offender Search.” Plaintiff's address on the docket is listed as “Richard A. Handlon Correctional Facility, ” in Ionia, Michigan, and that is also the return address on Plaintiff's most recent filing in this matter on November 6, 2017. (DE 75 at 37.) However, mail sent to Plaintiff at that address was returned as undeliverable on October 20, 2017. (DE 74.) Plaintiff's most recent “Notice of change of address/contact information” filed with the Court on August 3, 2017, lists his “new and current address” as “Gus Harrison Correctional Facility” in Adrian, Michigan. (DE 61.) On October 13, 2017, Plaintiff filed a letter with the Court stating that he had “duly filed a notice of address change on 9/15/2017.” (DE 73.) Plaintiff does not indicate however what that new address is, and a review of the docket reveals no such notice filed on or around September 15, 2017. The Court reminds Plaintiff that he is required, pursuant to E.D. Mich. LR 11.2, to promptly file a notice with the Clerk and serve a copy of the notice on all parties whenever his address or other contact information changes. (DE 3.)

         Plaintiff is ORDERED to file a notice with the Court regarding his current address and contact information. Until Plaintiffs correct current address is confirmed, the Clerk is DIRECTED to serve this Order on Plaintiff at the Chippewa Correctional Facility address, the Gus Harrison Correctional Facility address, and the Richard A. Handlon Correctional Facility address.

         2. Plaintiffs Complaint

         On September 8, 2016, while incarcerated at Macomb Correctional Facility

         (MRF), Alexander filed the instant lawsuit against 18 defendants, who are described as follows:

. nine (9) Defendants are associated with the MDOC's Marquette Branch Prison (MBP) (Calzetta, Govern, Giesen, Viitala, LaCount, Niemisto, Huss, Salmi and Meden),
. eight (8) Defendants are associated with the MDOC's Woodland Center Correctional Facility (WCC) (Saad, Rosen, Watkins, Lewis, Lee, Slaughter, Houston and Idemudia), and
. one (1) Defendant is associated with the MDOC's Office of Legal Affairs (Johnson).

         The facts underlying Plaintiffs complaint span the period from February 2, 2015, when Plaintiff was incarcerated at MBP, through February 2016, when Plaintiff was incarcerated at WCC. (DE 1 at 2 ¶ 4, DE 1 at 3-7 ¶¶ 13-48.) ...


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