VanLeer v. Michigan, State of

• Court: District Court, E.D. Michigan
• Decided: July 7, 2025
• Docket: 2:25-cv-10861
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BERNARION VANLEER, Case No. 25-cv-10861 Plaintiff, Honorable Terrence G. Berg Magistrate Judge Elizabeth A. Stafford v.

R. MCKINNEY, et al.,

Defendants.

ORDER FOR THE MDOC TO SUPPLY DEFENDANTS’ LAST KNOWN ADDRESSES

In March 2025, Plaintiff Bernarion VanLeer was granted leave to proceed in forma pauperis, and the United States Marshals Service (USMS) was directed to serve defendants. ECF No. 4. Defendants Shell, Ford, and Van returned waivers of service. ECF No. 7; ECF No. 8; ECF No. 13. And Defendants McKinney, Dungy, Fallon, Jennings, Newland, Reily, and Shipman have appeared in the case and moved for summary judgment without raising insufficient service of process. ECF No. 12; ECF No. 18. Thus, service is either complete or waived for these defendants. See Fed. R. Civ. P. 12(b), (g)(2), (h)(1); see also United States v. Willhite, No. 99-73910, 2015 WL 4715963, at *2 (E.D. Mich. Aug. 7, 2015) (“Waiver of the defense of defective service generally occurs when the party fails to raise the defense in its first responsive pleading.”).

Service has not taken place for Defendants Brown, Brant, or Johnson, all of whom appear from the pleadings to be corrections officers. By July 11, 2025, the Michigan Department of Corrections must provide the

USMS with those defendants’ last known addresses. s/Elizabeth A. Stafford ELIZABETH A. STAFFORD United States Magistrate Judge

Dated: July 7, 2025

NOTICE TO PARTIES ABOUT OBJECTIONS

Within 14 days of being served with this order, any party may file objections with the assigned district judge. Fed. R. Civ. P. 72(a). The district judge may sustain an objection only if the order is clearly erroneous or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a magistrate judge’s ruling on a non-dispositive motion, the ruling remains in full force and effect unless and until it is stayed by the

magistrate judge or a district judge.” E.D. Mich. LR 72.2.

CERTIFICATE OF SERVICE The undersigned certifies that this document was served on counsel of record and any unrepresented parties via the Court’s ECF System to their email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 7, 2025.

s/Davon Allen DAVON ALLEN Case Manager