United States District Court, W.D. Michigan, Southern Division
Paul L. Maloney, Judge
REPORT AND RECOMMENDATION
KENT, UNITED STATES MAGISTRATE JUDGE
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).
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).
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.
Motion (ECF No. 63, PageID.307).
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
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. § 1983 in
Michigan are subject to a three year ...