In re: Jones, No. 12-1198 (6th Cir. 2012)
Annotate this CaseJones, a Michigan inmate, filed suit under 42 U.S.C. 1983 against a prison doctor and nurses, alleging retaliation and deliberate indifference to his serious medical needs. The district court granted summary judgment to the nurses. Jones filed objections. Thereafter, the district court granted summary judgment to the doctor and dismissed the case. Seven days later, Jones filed a second set of objections. Eight months later, Jones filed a mandamus petition with the district court seeking to compel ruling on his objections. The district court did not construe the petition as a motion for reconsideration and denied the petition. The Sixth Circuit denied mandamus, noting that Jones may challenge the district court’s decision on direct appeal and has not shown that the district court erred. However, the objections were filed within30 days of the judgment and specify the parties involved in the appeal, meeting the requirements for a notice of appeal, so the court directed the clerk to file the objections as a notice of appeal.
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