Opinion
20-cv-13440
02-22-2022
ANDREW LEE-LEO HILL, et al., Plaintiffs, v. GRETCHEN WHITMER, HEIDI WASHINGTON, and JOHN CHRISTIANSEN, Defendants.
ORDER (1) GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION (ECF No. 18) AND (2) REINSTATING CLAIMS OF PLAINTIFF GARY DUBICKE
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Plaintiffs Andrew Lee-Leo Hill, Ramon Caldwell, and Gary Dubicke are state prisoners in the custody of the Michigan Department of Corrections (the “MDOC”). On December 22, 2020, Plaintiffs jointly filed a civil-rights Complaint against, among others, Defendant John Christiansen, the Warden at the Central Michigan Correctional Facility (the “CMCF”). (See Compl., ECF No. 1.) Christiansen is the only remaining Defendant in this action. In the Complaint, Plaintiffs assert several claims arising out of the conditions of their confinement at the CMCF. (See id.)
On September 7, 2021, the Court issued an order directing the Plaintiffs to show cause why the Complaint should not be dismissed (the “Show Cause Order”). (See Show Cause Order, ECF No. 12.) The Court instructed Plaintiffs to explain how each Defendant was personally involved in the alleged unconstitutional conduct identified in the Complaint. (See id.) It appeared to the Court that Plaintiff Dubicke had not responded to the Show Cause Order as directed. Accordingly, the Court dismissed him from this action. (See Order, ECF No. 16.)
Plaintiffs have now filed a motion for reconsideration in which they ask the Court to reinstate Dubicke's claims. (See Mot., ECF No. 16.) Plaintiffs point out that while Dubicke did not file his own separate response to the Show Cause Order, he did submit a sworn affidavit in support of his claims that was included with Defendant Lee-Leo Hill's response to that order. (See Dubicke Aff., ECF No. 13, PageID.85-86.)
The Court will deem Dubicke's affidavit as a sufficient response to the Show Cause Order, and it will restore him as a Plaintiff in this action. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' motion for reconsideration (ECF No. 16) is GRANTED and Dubicke's claims against Defendant Christiansen are REINSTATED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 22, 2022, by electronic means and/or ordinary mail.
Holly A. Ryan Case Manager (313) 234-5126