United States District Court, E.D. Michigan
J.R. PETTWAY Plaintiffs
v.
JERRY BUSH, et al., Defendants
ORDER STAYING CASE
ROBERT
H. CLELAND UNITED STATES DISTRICT JUDGE.
Plaintiff,
a prisoner in the custody of the Michigan Department of
Corrections, filed a civil rights complaint pursuant to 42
U.S.C. § 1983. The complaint survived screening under 28
U.S.C. § 1915A and 42 U.S.C. § 1997e(c), therefore,
IT IS ORDERED that:
1.
Pursuant to Administrative Order 18-AO-042 this action will
participate in the Pro Se Prisoner Early Mediation
Program.
2. This
action is stayed for a period of ninety (90) days to allow
plaintiff and defendant(s) an opportunity to participate in
mediation to settle their dispute before the defendant(s) are
formally served, an answer is filed, or the discovery process
begins. This process is governed by the Mediation Procedure
(Attachment A).
3. No
other pleadings or papers may be filed, and the parties may
not engage in formal discovery during the ninety-day stay.
4. The
90-day period for the defendant(s) to be served under Federal
Rule of Civil Procedure (“F.R.Civ.P”) 4(m) is
tolled.
5. If
no settlement is reached and this case proceeds in the normal
course of litigation, the Mediation Referral Judge has the
authority to lift this stay and the 90-day time period for
service under F.R.Civ.P. 4(m) will begin to run on the date
the stay order is lifted.
6.
Subsequent to the entry of orders regarding service of
process, the Mediation Referral Judge will return the case to
the docket of the district judge.
7.
Plaintiff is directed to show this Order to his or her
Assistant Resident Unit Supervisor (“ARUS”) upon
receipt to schedule a date and time to see the Pro
Se Prisoner Early Mediation Program's educational
video that explains the program.
Attachment
A
Mediation
Procedure
EXCLUSION
1. Any
party who seeks to have this case excluded from the prisoner
mediation program, must file a “motion to exclude case
from mediation” on or before twenty-one (21) days after
the date of this order. The responding party has seven (7)
days to file a response. No. reply may be filed. Thereafter,
the Mediation Referral Judge will decide the matter and issue
an order.
MEDICAL
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