Terry v. Calhoun County Correctional Facility et al

Filing 17

ORDER FOR PARTIAL DISMISSAL and PARTIAL SERVICE: dismissing all named and unnamed Defendants except Defendants Byam and Vergin; 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, kw)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMIRR TERRY,
Plaintiff,
v.

Case No. 1:12-cv-347
Honorable Paul L. Maloney

CALHOUN COUNTY CORRECTIONAL
FACILITY 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 all of the named and unnamed
Defendants, except Defendants Byam and Vergin, are 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©.
IT IS FURTHER ORDERED that Defendant Byam will be served with Plaintiff’s
First Amendment claim regarding the inability to access to state and local newspapers and
newspaper reporters, and Defendant Vergin will be served with Plaintiff’s First Amendment claims
regarding the improper handling of his legal mail and retaliation.
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 two (2) copies of the complaint and exhibits for service upon
Defendants Byam and Vergin. 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 of Corr., Policy Directive 05.03.116.
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
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 the remaining Defendants shall file an appearance
of counsel (individual Defendants may appear pro se if they do not have counsel) within 21 days of

-2-

service or, in the case of a waiver of service, 60 days after the waiver of service was sent. Until so
ordered by the Court, no Defendant is required to file an answer or motion in response to the
complaint, and no default will be entered for failure to do so. See 42 U.S.C. § 1997e(g)(1). After
a Defendant has filed an appearance, proceedings in this case will be governed by the Court’s
Standard Case Management Order in a Prisoner Civil Rights Case.

Dated:

October 19, 2012

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge

-3-