Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Witzke v. Marlan

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

March 19, 2018

SCOTT A. WITZKE, Plaintiff
v.
RUSS MARLAN, ALEX J. SMITH, and EBONY M. PULLINS-GOVANTES, Defendants.

          ARTHUR J. TARNOW DISTRICT JUDGE

          REPORT AND RECOMMENDATION REGARDING PLAINTIFF'S MOTIONS FOR PRELIMINARY INJUNCTION (DE 31, DE 38) AND PLAINTIFF'S MOTION TO WITHDRAW HIS INJUNCTIVE RELIEF CLAIMS ON MOOTNESS GROUNDS (DE 57)

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         I. RECOMMENDATION: The Court should (a) grant Plaintiff's February 13, 2018 motion to withdraw his injunctive relief claims on mootness grounds (DE 57); and, (b) accordingly, deem withdrawn his October 3, 2017 motion for preliminary injunction (DE 31), his November 4, 2017 amended motion for preliminary injunction (DE 38), and his requests for injunctive relief within his November 14, 2017 amended complaint (see, e.g., DE 47 at 14 ¶¶ C, D).

         II. REPORT

         A. Introduction and Pending Dispositive Motions

         Plaintiff Scott Andrew Witzke filed this lawsuit on October 21, 2016, at which time he was “a parolee under the jurisdiction of the Michigan Department of Corrections . . . .” (DE 1 at 2 ¶ 3.) He filed an amended/supplemental complaint on November 14, 2017, wherein he seeks various forms of declaratory, injunctive, compensatory and punitive relief. (DE 47 at 13-15 ¶¶ A-J.)

         Judge Tarnow has referred this case to me for all pretrial proceedings.

         Currently before the Court are:

• Plaintiffs October 3, 2017 motion for preliminary injunction (DE 31), regarding which a response (DE 41), a reply (DE 42), and supplements (DEs 49, 50) have been filed.
• Plaintiff's November 4, 2017 amended motion for preliminary injunction (DE 38), regarding which a response (DE 43) and supplements (DEs 49, 50) have been filed.

         On November 17, 2017, I held a hearing on these motions, after which I took them under advisement.

         B. Plaintiffs Motion to Withdraw

         Subsequently, on February 12, 2018, Plaintiff was discharged from the MDOC's jurisdiction. See www.michigan.gov/corrections, “Offender Search. The following day, on February 13, 2018, Plaintiff filed a motion to withdraw his injunctive relief claims on mootness grounds. (DE 57.) Plaintiff specifically requests that the Court: (a)GRANT the within motion, ” (b)DISMISS Plaintiffs October 3, 2017 Motion for Preliminary Injunction [Doc. No. 31], as amended on November 4, 2017 [Doc. No. 38], ” and (c)DISMISS all claims for injunctive relief contained within the Amended Complaint [Doc. No. 47].” (DE 57 at 6.)

         Having considered the above, the Court should: (a) grant Plaintiff's February 13, 2018 motion to withdraw his injunctive relief claims on mootness grounds (DE 57); and, (b) accordingly, deem withdrawn his October 3, 2017 motion for preliminary injunction (DE 31), his November 4, 2017 amended motion for preliminary injunction (DE 38), and his requests for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.