Opinion
Civil 24-cv-10488
05-22-2024
BRYAN ALLEN CARY, Plaintiff, v. ARF RTP STAFF, Defendants.
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 6) WITHOUT PREJUDICE
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Plaintiff Bryan Allen Cary is a state inmate in the custody of the Michigan Department of Corrections (the “MDOC”). In this action, Cary brings a civil-rights claim against two employees of the MDOC. (See Compl., ECF No. 1; Am. Compl., ECF No. 7.) Cary appears to allege that the Defendants wrongly assigned him to a top bunk despite knowing that doing so could be dangerous to Cary's health. (See id.)
On March 8, 2024, Cary filed a motion for summary judgment. (See Mot., ECF No. 6.) No Defendant has appeared in this action. Nor does it seem that any Defendant has been served with the Complaint or Cary's motion. Thus, because the Defendants have not yet been served with notice of this action, Cary's motion is premature.
The Court therefore DENIES the motion WITHOUT PREJUDICE.
IT IS SO ORDERED.