Opinion
24-cv-10595
06-06-2024
ARNOLD V. HENRY, Plaintiff, v. PARR-MIRZA, B. SCHASCHKO, ANGELA JOSEPH, and JOHN DOE, Defendants.
ORDER GRANTING DEFENDANT'S MOTION TO EXCLUDE THE CASE FROM EARLY MEDIATION (ECF No. 12)
Honorable Linda V. Parker Judge
Plaintiff, a prisoner in the custody of the Michigan Department of Corrections, filed a civil rights complaint under 42 U.S.C. § 1983. Plaintiff was given notice of the Court's Pro Se Early Prisoner Mediation Program for possible resolution (ECF No. 3), however, the case has not been sent to mediation. Additionally, the U.S. Marshals were ordered to execute service on Defendants. (ECF No. 6).
Although the case has not been sent to mediation, Defendant Bruce Schaschko (referred to in the complaint as B. Schaschko) has appeared through counsel and filed a motion to exclude the case from early mediation.(ECF No. 12). Even if the case was deemed eligible for mediation and was sent to mediation, because participation in the program is voluntary and considering Schaschko's desire not to participate in mediation, the motion to exclude the case from early mediation is GRANTED.
Defendant Parr-Mirza has appeared through counsel and filed a motion for summary judgment on the basis of exhaustion. (ECF No. 12). It appears that Defendant Angela Joseph has yet to be served.
SO ORDERED.