United States District Court, E.D. Michigan, Southern Division
ORDER DISMISSING THE COMPLAINT WITHOUT
PAGE HOOD CHIEF JUDGE
December 11, 2018, plaintiff Dwayne Demario Williams filed a
pro se civil rights complaint under 42 U.S.C. §
1983 and an application to proceed without prepaying the
filing fee. See Compl., Docket No. 1, and
Application, Docket No. 2. At the time, Plaintiff was
incarcerated at the Saginaw Correctional Facility in
only defendant named on the face of the complaint was the G.
Robert Cotton Correctional Facility in Jackson, Michigan.
Plaintiff alleged in his complaint that while he was confined
at the Cotton Correctional Facility in 2017, twenty-five
inmates brutally beat him. Plaintiff also alleged that
correctional officers did not immediately stop the beating,
the health-care staff at the prison did not send him to the
hospital to check for brain damage, and he was not permitted
to call his mother for about two weeks after the beating.
Plaintiff sought monetary and injunctive relief for alleged
violations of his constitutional rights. On February 19,
2019, Plaintiff notified the Court that he had been
transferred to the Chippewa Correctional Facility in
Kincheloe, Michigan. See Notice of Change of
Address, Docket No. 8.
February 22, 2019, the Court entered an order in which it
liberally construed the complaint to be seeking relief from
the Michigan Department of Corrections, as well as, certain
unnamed state officials, medical staff, and inmates at the
Cotton Correctional Facility. The Court summarily dismissed
the Department of Corrections, the Cotton Correctional
Facility, and the following unnamed individuals at the Cotton
Correctional Facility: the warden, the medical staff, and the
inmates who allegedly beat Plaintiff. In the same order, the
Court directed Plaintiff to identify the unnamed correctional
officers who allegedly failed to protect him and prevented
him from calling his mother after the beating in 2017. The
Court warned Plaintiff that it could dismiss the entire
complaint if Plaintiff did not comply the Court's order
within forty-five days of the order. See Op. and
Order, Docket No. 9.
March 20, 2019, the Court's order of partial dismissal
was returned to the Court as undeliverable because
Plaintiff's inmate number was not included in his
address. See Mail Returned as Undeliverable, Docket
No. 10. On the same day, the Court re-sent its previous order
to Plaintiff at the Chippewa Facility with his inmate number
included in the address. See Text-Only Certificate
of Service, March 20, 2019.
April 16, 2019, the Court received a letter from Plaintiff in
which he asks for guidance and help with his lawsuit.
Plaintiff states in his letter that he is being treated
unfairly by racist correctional officers and that certain
correctional officers charged him in false or partially false
prison misconduct reports. Plaintiff further alleges that the
conditions at the Chippewa Facility are inhumane because
inmates are forced to take cold showers and there are an
inadequate number of working phones. See Letter,
Docket No. 11.
to Plaintiff's letter are exhibits, and following the
exhibits, is a page on which Plaintiff acknowledges receipt
of the Court's order of partial dismissal in this case.
I did receive your Notice of Dismissal, and I assure you, I
have no way to find out the officers' names, or the
inmates' names because I keep to myself, and do not
involve myself with them. I was only in that unit for a few
weeks. My testimony and the pictures that w[ere] taken was
all the proof I had.
Id. at 21, Page Id. 70.
was permitted to file his complaint without prepaying the
filing fee. See Order Waiving Prepayment of the
Filing Fee, Docket No. 4. Because he is indigent, the Court
is required to order service of the complaint by the United
States Marshal, a deputy marshal, or someone appointed by the
court. Fed.R.Civ.P. 4(c)((3). Rule 4, however, provides that,
[i]f a defendant is not served within 90 days after the
complaint is filed, the court - on motion or on its own after
notice to the plaintiff - must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good
cause for the ...