Opinion
23-12184
06-05-2024
RYAN CHARLES DIEMOND, Plaintiff, v. NOAH NAGY, Defendant.
Honorable F. Kay Behm
ORDER FOR DEFENDANT TO RE-SERVE HIS MOTION FOR SUMMARY JUDGMENT AND FOR PLAINTIFF TO RESPOND
ELIZABETH A. STAFFORD, United States Magistrate Judge
Plaintiff Ryan Charles Diemond, a prisoner under the Michigan Department of Corrections' (MDOC) jurisdiction, filed this pro se civil rights action against Defendant Noah Nagy under 42 U.S.C. § 1983. ECF No. 1; ECF No. 13. The Honorable F. Kay Behm referred the case to the undersigned for all pretrial matters under 28 U.S.C. § 636(b)(1). ECF No. 10.
On April 18, 2024, Diemond filed a notice of change of address, stating that he was transferred to G. Robert Cotton Correctional Facility. ECF No. 14. A week later, Nagy moved for summary judgment but served Diemond at his outdated Parnall Correctional Facility address. See ECF No. 17, PageID.209. Diemond has not responded to the motion.
The Court thus ORDERS Nagy to re-serve his motion for summary judgment at Diemond's address and file a new certificate of service on the Court's docket by June 10, 2024. Diemond must respond to the motion by July 1, 2024. Nagy may reply by July 8, 2024.
IT IS ORDERED.
NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file objections with the assigned district judge. Fed.R.Civ.P. 72(a). The district judge may sustain an objection only if the order is clearly erroneous or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a magistrate judge's ruling on a non-dispositive motion, the ruling remains in full force and effect unless and until it is stayed by the magistrate judge or a district judge.” E.D. Mich. LR 72.2.