UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SAMUEL R. JONES

Plaintiff, CASE NO. 15-12527

HONORABLE GEORGE CARAM STEEH

v.

WAYNE COUNTY JAIL, et al.,

Defendants.

______________________________/

ORDER VACATING ORDER TO SHOW CAUSE (DOC. 27)

AND REJECTING REPORT AND RECOMMENDATION (DOC. 25)

The instant action is a civil rights case against the Wayne County Jail and

several employees of the Wayne County Jail and/or Sheriff. When Plaintiff filed his

complaint, Plaintiff was an inmate at the Wayne County Jail. Several documents mailed

by the Court to Plaintiff at his Wayne County Jail address were returned as

undeliverable. Accordingly, Magistrate Judge Elizabeth A. Stafford issued a report and

recommendation (“R&R”) recommending that the instant action be dismissed for failure

to prosecute. (Doc. 25). As the Magistrate Judge explained in her R&R, the Court had

given Plaintiff repeated notice that it was his obligation to notify the Court if his address

were to change, yet Plaintiff had apparently failed to do so. (See Docs. 2, 23).

The Court reviewed Plaintiff’s incarceration records and determined that Plaintiff

had probably been transferred to the Michigan Department of Corrections (“MDOC”). 

Although it was clearly Plaintiff’s responsibility to inform the Court of his address

change, the Court nonetheless concluded that it was appropriate to give Plaintiff one

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more chance to explain his failure to prosecute. Accordingly, the Court took the

Magistrate Judge’s R&R under advisement and issued an order to show cause why the

instant action should not be dismissed. (Doc. 27). This order was mailed to Plaintiff at

what was believed to be Plaintiff’s new address at the MDOC’s St. Louis Correctional

Facility.

Plaintiff subsequently filed a “motion showing cause for a summary judgment by

default.” (Doc. 30). Plaintiff spends much of the “motion” providing further arguments in

support of his previously filed motion for summary judgment. (See Doc. 13). In light of

Plaintiff’s pro se status, the Court will charitably interpret Plaintiff’s “motion” as a

response to the show-cause order. In the “motion,” Plaintiff explains that he has been

temporarily transferred to the St. Louis Correctional Facility. The Court finds that

Plaintiff has adequately explained his previously failure to prosecute. Moreover, the

Court finds that dismissal would be inappropriate, in light of the factors for dismissal for

failure to prosecute set forth in Knoll v. American Telephone and Telegraph Co., 176

F.3d 359, 363 (6th Cir. 1999). Most significantly, there is no indication that Plaintiff has

acted wilfully or in bad faith, and there is no indication that the defendants have been

prejudiced by Plaintiff’s failure to prosecute.

Accordingly, the Court VACATES its order to show cause (Doc. 27). 

Furthermore, the Court REJECTS the R&R (Doc. 25). Plaintiff’s complaint SHALL NOT

be dismissed for failure to prosecute at this time. Furthermore, Plaintiff’s address

SHALL be updated to 

Samuel R. Jones

MDOC# 364868

St. Louis Correctional Facility

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8585 N. Croswell Road

St. Louis, MI 48880

The Court reiterates, however, that it is Plaintiff’s responsibility to notify the Court

IMMEDIATELY of any address changes, even if the changes are only temporary. The

Court WILL NOT EXCUSE any more failures by Plaintiff to notify the Court of address

changes.

IT IS SO ORDERED.

Dated: July 13, 2016

s/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

July 13, 2016, by electronic and/or ordinary mail and also on

Samuel R. Jones #364868, St. Louis Correctional Facility,

8585 N. Croswell Road, St. Louis, MI 48880.

s/Barbara Radke

Deputy Clerk

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