John Does 1-7 v. Department of Corrections

Order Michigan Supreme Court Lansing, Michigan March 6, 2015 Robert P. Young, Jr., Chief Justice 151034 & (27) Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, Richard H. Bernstein, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, Justices and JOHN DOE 7, on behalf of themselves and a class of all others similarly situated,

Plaintiffs-Appellees, v SC: 151034 COA: 324602 Washtenaw CC: 13-001196-CZ DEPARTMENT OF CORRECTIONS,

GOVERNOR OF THE STATE OF MICHIGAN,

DIRECTOR OF MICHIGAN DEPARTMENT

OF CORRECTIONS, DEPUTY DIRECTOR

OF MDOC CORRECTIONAL FACILITIES

ADMINISTRATION, FORMER DEPUTY

DIRECTOR OF MDOC CORRECTIONAL

FACILITIES ADMINISTRATION, CHIEF

DEPUTY DIRECTOR OF MDOC

CORRECTIONAL FACILITIES

ADMINISTRATION, WARDEN OF CARSON

CITY CORRECTIONAL FACILITY, WARDEN

OF CHARLES EGELER RECEPTION AND

GUIDANCE CENTER, WARDEN OF

EARNEST C. BROOKS CORRECTIONAL

FACILITY, WARDEN OF GUS HARRISON

CORRECTIONAL FACILITY, WARDEN OF

RICHARD A. HANDLON CORRECTIONAL

FACILITY, WARDEN OF OAKS

CORRECTIONAL FACILITY, WARDEN OF

THUMB CORRECTIONAL FACILITY,

WARDEN OF CHIPPEWA CORRECTIONAL

FACILITY, WARDEN OF MARQUETTE

BRANCH PRISON, and WARDEN OF

BELLAMY CREEK CORRECTIONAL

FACILITY,

Defendants-Appellants. _________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the January 16, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. The motion for stay is GRANTED. Trial court proceedings are stayed pending the completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

We direct the Court of Appeals’ attention to the fact that on October 22, 2014, we also remanded John Doe 1 v Dep’t of Corrections (COA Docket Nos. 321013, 321756) to the Court of Appeals for consideration as on leave granted.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 6, 2015 d0303

Clerk