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Martin v. Wayne

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

February 26, 2019

ROGER CLEO MARTIN, Plaintiff,
v.
RUSS WAYNE, CHERYL SIMPSON, and SHANNON STONE, Defendants.

          Hon. Paul L. Maloney, Judge

          REPORT AND RECOMMENDATION

          RAY KENT, UNITED STATES MAGISTRATE JUDGE

         This is a pro se civil rights action brought by Roger Cleo Martin, a former inmate at the Osceola County Jail, pursuant to 42 U.S.C. § 1983. This matter is now before the Court on defendant Nurse Shannon Stone's Motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) (ECF No. 63) and defendant Dr. Cheryl Simpson's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) (ECF No. 64).

         I. Background

         Plaintiff filed a complaint on November 9, 2016 naming three defendants: Russ Wayne (Osceola County Jail Administrator); Jail Doctor (Unknown); and Nurse Practitioner (Unknown). Compl. (ECF No. 1). Plaintiff filed multiple motions to amend the complaint. In a motion dated July 12, 2017 (docketed July 24, 2017) (ECF No. 37), plaintiff sought to amend the complaint to include the names of the unknown defendants, i.e., Dr. Simpson and Nurse Stone. This motion included a proposed amended complaint dated July 5, 2012 (ECF No. 37-1). On October 10, 2017, the Court granted plaintiff's motion to amend the complaint to add the names of the unknown jail doctor and jail nurse practitioner. Order (ECF No. 43). The amended complaint was filed that day naming three defendants: Russell Wayne (Osceola County Jail Administrator); Cheryl Simpson (Osceola County Jail Doctor); and, Shannon Stone (Osceola County Jail Nurse). Amend. Compl. (ECF No. 44, PageID.241-242). On December 18, 2017, both defendant Stone and defendant Simpson filed answers to the amended complaint (ECF Nos. 51 and 54).

         Defendants Nurse Stone and Dr. Simpson filed the present dispositive motions prior to the close of discovery. Nurse Stone sought judgment on the pleadings because plaintiff's claims were barred under the three-year statute of limitations, stating in part as follows:

5. Plaintiff's amended complaint adding Nurse Stone and Dr. Simpson as defendants was filed on October 10, 2017.
6. As to this defendant, Nurse Stone, plaintiff in the amended complaint alleges that on the “first night” at Osceola County Jail, on November 15, 2013, Nurse Stone “took away Xanax and Ibuprofen completely and cut Dilantin [anti-seizure medication] dose in half, ” and “refused court order to provide plaintiff with extra mat to sleep on” (Id., p 3) [Amend. Compl., p. 3.]
7. Plaintiff's claims against Nurse Stone are barred by the three-year limitations period for his claims brought under § 1983.

         Stone Motion (ECF No. 63, PageID.307).

         Dr. Simpson moved to dismiss plaintiff's claims pursuant to Fed.R.Civ.P. 12(b)(6), also contending that plaintiff's complaint was barred by the three-year statute of limitations:

2. On October 10, 2017, Plaintiff was granted relief to file an Amended Complaint which named as Defendants Dr. Cheryl Simpson and Shannon Stone, RN in place of Unknown Party #1 and Unknown Party #2.
3. Plaintiff's Amended Complaint contains allegations arising out of Plaintiff's imprisonment in the Osceola County Jail from November 15, 2013 through September 4, 2014.
4. Actions brought pursuant to 42 U.S.C. ยง 1983 in Michigan are subject to a three year ...

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