Hull #237801 v. Baker et al
Filing
6
ORDER REGARDING PARTIAL SERVICE: dismissing Defendants Berghuis, Chaffee, Armstrong and Unknown Party (named as "John Doe"); within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon the remaining defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the remaining defendants ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THOMAS HULL,
Plaintiff,
v.
Case No. 1:11-cv-623
Honorable Paul L. Maloney
UNKNOWN BAKER et al.,
Defendants.
____________________________________/
ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s action against Defendants Berghuis, Chaffee,
Armstrong and Unknown Party (named as “John Doe”), be DISMISSED WITH PREJUDICE for
failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and
1915A, and 42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that Plaintiff’s claims that Defendants (1) violated his
right to due process under the Fourteenth Amendment, (2) violated his right to equal protection
under the Fourteenth Amendment and 42 U.S.C. §§ 1985, 1986, (3) violated his right to redress and
right of access to the Courts under the First Amendment, (4) engaged in a conspiracy to violate his
rights, and (5) retaliated against Plaintiff by placing him on modified grievance access, denying his
grievances and/or transferring him to another prison, be DISMISSED WITH PREJUDICE for failure
to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and
42 U.S.C. § 1997e(c). The Court does not dismiss Plaintiff’s claim that Defendants Baker, Lewis
and Minnerick deprived Plaintiff of property, or threatened to do so, in retaliation for Plaintiff’s
protected conduct.
IT IS FURTHER ORDERED that in accordance with Administrative Order No.
03-029, the Clerk shall return to Plaintiff with a copy of this order one copy of the complaint and
any exhibits.
IT IS FURTHER ORDERED that immediately upon receipt of this order, Plaintiff
shall request that the prison make three copies of the complaint and exhibits for service upon
Defendants Baker, Lewis and Minnerick. Plaintiff is responsible for the cost of the copies. If
Plaintiff does not have sufficient funds to pay for the copies, the Michigan Department of
Corrections provides loans for legal copies. See MICH. DEP’T.
05.03.116.
OF
CORR., Policy Directive
IT IS FURTHER ORDERED that within fourteen (14) days of this order,
Plaintiff shall file with the Court the requisite number of copies of the complaint and exhibits along
with a copy of this order OR an affidavit explaining why Plaintiff is unable to provide the requested
copies within the fourteen-day period. Should the Court find that the prison failed to make copies
upon Plaintiff's request, the Court will direct the Clerk to make such copies as may be necessary and
to charge the Michigan Department of Corrections for the cost of copying at the Court’s usual rate
of $.50 per page.
IT IS FURTHER ORDERED that Plaintiff’s failure to submit the requested copies
within the time provided by the Court or an affidavit explaining why Plaintiff is unable to provide
the requested copies may result in the dismissal of his action without prejudice by the Court.
IT IS FURTHER ORDERED that upon receipt of the copies required by this order,
the Clerk shall forward the complaint to the U.S. Marshals Service, which is authorized to mail a
-2-
request for waiver of service to Defendants in the manner prescribed by Fed. R. Civ. P. 4(d)(2). If
waiver of service is unsuccessful, summons shall issue and be forwarded to the U.S. Marshals
Service for service under 28 U.S.C. § 1915(d).
IT IS FURTHER ORDERED that Defendants shall reply to the complaint by way
of answer, motion to dismiss, or motion for summary judgment within the time allowed by law. See
42 U.S.C. § 1997e(g)(2).
Dated:
November 4, 2011
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?