Opinion
Case No. 10-14323
09-19-2012
BRANDON RESCH, Plaintiff, v. HEALTH UNIT MANAGER, Defendant.
HONORABLE ARTHUR J. TARNOW
SENIOR UNITED STATES DISTRICT JUDGE
ORDER DISMISSING CASE
On January 30, 2012 the Magistrate Judge entered a Report and Recommendation [13], which recommends a sua sponte dismissal of this case, in part, because the Defendant is not named with specificity. Plaintiff filed a Motion to Appoint Counsel and Objection [15] to the R&R. Plaintiff named Defendant as "Health Unit Manager" in his Complaint. In Plaintiff's Objection [15], Plaintiff clarifies that Defendant is "HEALTH UNIT MANAGER, JANE DOE, who at all times relevant hereto was assigned to [the Macomb Regional Correctional Facility]." Obj. [15], at 1-2. On August 21, 2012, the Court entered an Order to Show Cause [16] by September 4, 2012 why this case should not be dismissed for failure to identify defendant.
Although Plaintiff's Motion [15] is titled on the docket as a Motion to Appoint Counsel, the filing also includes Plaintiff's objections to the R&R.
The time for Plaintiff to respond to the Court's Order to Show Cause [16] has passed.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's complaint is DISMISSED without prejudice to the rights of the parties.
SO ORDERED.
__________________
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify on September 19, 2012 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following non-registered ECF participants on September 19, 2012: Brandon Resch.
Michael E. Lang
Deputy Clerk to
District Judge Arthur J. Tarnow
(313) 234-5182