Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: ORDER GRANTING IN PART MOTION FOR EXTENSION [Doc. #44] R. STEVEN WHALEN , Magistrate Judge . On January 25, 2019, I granted Plaintiff's motion to extend time to respond to Defendants' motion to dismiss and to file a brief of excess length, giving Plaintiff until March 8, 2019 to file is response. See Order [Doc. #38]. The Order was mailed to Plaintiff at the address he provided, but was returned as undeliverable on February 15, 2019 [Doc. #40]. It also appears that the February 7, 2019 N
Summary: ORDER GRANTING IN PART MOTION FOR EXTENSION [Doc. #44] R. STEVEN WHALEN , Magistrate Judge . On January 25, 2019, I granted Plaintiff's motion to extend time to respond to Defendants' motion to dismiss and to file a brief of excess length, giving Plaintiff until March 8, 2019 to file is response. See Order [Doc. #38]. The Order was mailed to Plaintiff at the address he provided, but was returned as undeliverable on February 15, 2019 [Doc. #40]. It also appears that the February 7, 2019 No..
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ORDER GRANTING IN PART MOTION FOR EXTENSION [Doc. #44]
R. STEVEN WHALEN, Magistrate Judge.
On January 25, 2019, I granted Plaintiff's motion to extend time to respond to
Defendants' motion to dismiss and to file a brief of excess length, giving Plaintiff until March 8, 2019 to file is response. See Order [Doc. #38]. The Order was mailed to Plaintiff at the address he provided, but was returned as undeliverable on February 15, 2019 [Doc. #40]. It also appears that the February 7, 2019 Notice Regarding Parties' Responsibility to Notify Court of Address Changes [Doc. #39] may not have been received by the Plaintiff as well.
Apparently not having received the Order, Plaintiff has now filed a second motion for enlargement of time, in which he requests an extension to April 27, 2019 [Doc. #44]. The caption of that motion indicates that Plaintiff has been transferred to the Michigan Reformatory.
First, E.D. Mich. L.R. 11.2 requires a party to file a notice with the Clerk of the Court when his or her address has changed. Plaintiff did not do that. Therefore, he must, within 21 days of the date of this Order, file that notice to the Clerk indicating his new address.
In addition, I understand that Plaintiff's status as a prison inmate puts him at a relative disadvantage compared to a litigant in free society, and I am therefore inclined to give him some leeway in terms of reasonable extensions of time. However, the Defendants filed their motion to dismiss on December 17, 2018, and I already granted a generous extension to March 8, 2019. This case needs to move forward. Therefore, I will allow the Plaintiff another extension, but not for as long as he asks. Instead, Plaintiff's second motion to extend [Doc. #44] is GRANTED to the extent that he will file a response to Defendants' motion to dismiss [Doc. #31] on or before April 1, 2019.
Plaintiff may file a brief commensurate in length to Defendants' brief, that is, of up to 50 pages.
The Clerk will mail a copy of this Order to Plaintiff at the following address:
Patrick Alan Sourander, #299947
Michigan Reformatory
1342 W. Main St.
Ionia, MI 48846
IT IS SO ORDERED.
