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Pettway v. Bush

United States District Court, E.D. Michigan

June 18, 2019

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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