Rushing v. Gerst et al

Filing 7

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Philip M. Frazier added. Counts 2 and 3 fail to state a claim upon which relief may be granted and thus are dismissed with prejudice. M Dolce, Crisey Fenton, J Miller, Greg Schwartz, A Brun s and Joseph Burke terminated with prejudice. Because Plaintiff has not sought or been granted leave to proceed IFP in this case, it is Plaintiff's responsibility to serve Defendant Gerst with a summons and copy of the complaint pursuant to FRC P 4. If Plaintiff desires to request the appointment of the USM to serve process on the Defendant, Plaintiff shall file a motion for service of process at government expense, on or before April 11, 2011. The Clerk of Court is DIRECTED to mail to Plai ntiff the Court's Pro Se Litigant Guide, containing forms and instructions for filing said motion. The Clerk of Court is also DIRECTED to complete, on Plaintiff's behalf, a summons for Defendant Gerst. The Clerk shall forward the summons and sufficient copies of the complaint and this Memorandum and Order to Plaintiff so that he may serve Defendant. (Action due by 4/11/2011). Signed by Judge J. Phil Gilbert on 2/22/2011. (tjk)