Summary
This United States District Court order addresses several pending motions and the procedural status of a pro se civil lawsuit following the plaintiff’s hemorrhagic stroke, which has temporarily rendered him incompetent. The court grants the defendant’s motion for leave to file a media file upload, partially grants a joint motion to extend the dispositive motion deadline, and stays the case for ninety days. During the stay, the plaintiff must either file an affidavit demonstrating regained competency or secure legal representation, or the court recommends dismissal without prejudice for failure to prosecute.
Topics
Practice areas
Questions Presented
- Whether Defendant Tyler G. Davidson’s motion for leave to file a media file upload should be granted.
- Whether the joint motion to extend the dispositive‑motion deadline should be granted.
- Whether the October 30, 2024 order to show cause is satisfied.
- Whether the case should be stayed for 90 days.
Holdings
- The motion is GRANTED because it was properly filed under the Eastern District of Michigan Local Rules and the exhibit may be needed in the future.
- The motion is GRANTED IN PART; the deadline is extended (new deadline to be set) but the request for an additional stay is DENIED.
- The court FINDS that the order to show cause is SATISFIED.
- The case is STAYED for NINETY DAYS from the date of entry of this order.
Key quotations
“The Court will now STAY the case for NINETY DAYS from the date of entry of this order.”
“If no affidavit or appearance is filed before the expiration of the stay, then it will be recommended that the case be dismissed without prejudice for a failure to prosecute.”
Factual background
Rickie Lee Bielicki suffered a hemorrhagic stroke that temporarily rendered him incompetent to prosecute the lawsuit. His wife provided an updated mailing address and indicated he is receiving rehabilitative care after brain surgery.
Procedural history
The plaintiff, Rickie Lee Bielicki, filed pro se. The court issued an order to show cause on Oct. 30, 2024. Defendants filed motions for leave to file a media upload, to extend the dispositive‑motion deadline, and a motion to dismiss and for summary judgment. The court has now ruled on those motions and stayed the case.
Remand instructions
Before the expiration of the stay, the plaintiff must file (1) an affidavit stating that he has regained competency and can proceed pro se, or (2) an appearance by an attorney. If neither is filed, the court will recommend dismissal without prejudice for failure to prosecute.