Opinion
23-cv-10326
10-01-2024
KHARVELL LEWIS, Plaintiff, v. TURNWALD et al., Defendant.
ORDER TERMINATING REPORT AND RECOMMENDATION (ECF No. 27) AS MOOT
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
Plaintiff Kharvell Lewis is a state prisoner in the custody of the Michigan Department of Corrections. In this action, Lewis alleges that he was assaulted by prison guards following an altercation in the prison laundry room. (See Compl., ECF No. 1.)
On May 31, 2024, the assigned Magistrate Judge issued an order requiring the Defendants to file a response to the Complaint. (See Order, ECF No. 19.) That same day, the Magistrate Judge mailed a copy of that order to Lewis at the address he had provided the Court. (See Dkt.) That mailing returned to the Court as undeliverable. (See ECF No. 22.) That suggested that Lewis had failed to provide the Court an updated mailing address. The Magistrate Judge therefore issued an order that directed Lewis to show cause why the Court should not dismiss this action due to his failure to provide the Court updated contact information as required under the Court's local rules. (See Order, ECF No. 23.) That too returned to the Court as undeliverable, as did a second show cause order that the Magistrate Judge issued. (See Orders, ECF Nos. 23, 25.) Accordingly, on September 5, 2024, the Magistrate Judge issued a report and recommendation in which he recommended that the Court dismiss this action due to Lewis' failure to comply with the Court's local by providing the Court valid contact information (the “R&R”). (See R&R, ECF No. 27.)
On September 26, 2024, Lewis filed an objection to the R&R. (See Obj., ECF No. 31.) Lewis explained the MDOC had repeatedly moved him to different prisons, and he accused the MDOC of deliberately not providing him his mail. (See id.) He also provided the Court his current address. (See id.)
The objection provides the Court new information that was not available to the Magistrate Judge. Based on that information, and developments that have occurred after the Magistrate Judge issued the R&R, the Court is persuaded that this action should not be dismissed at this time. The Court will therefore TERMINATE the R&R as moot and allow the case to proceed against the Defendants. The Court reminds Lewis that it is his obligation to provide the Court prompt notice if or when he moves prisons and that it is his responsibility moving forward to maintain current contact information with the Court so that the Court can administer this action. If he fails to do so, the Court may dismiss his Complaint.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 1, 2024, by electronic means and/or ordinary mail.
Holly A. Ryan Case Manager