Johnson v. Corizon Correctional Healthcare et al

Filing 6

ORDER REGARDING PARTIAL SERVICE: dismissing ; 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 Judge Gordon J. Quist (Judge Gordon J. Quist, kad)

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

LARRY D. JOHNSON,
Plaintiff,
v.

Case No. 1:12-cv-1368
Honorable Gordon J. Quist

CORIZON CORRECTIONAL
HEALTHCARE 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 Lafler, Trierweiler,
Schafer, Isaacs, McKenna, Hogan, Pugh and Filsinger is DISMISSED WITH PREJUDICE pursuant
to 28 U.S.C. § 1915(e) for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that Plaintiff’s claims against the remaining Defendants
arising out of conduct preceding December 14, 2009 are DISMISSED WITH PREJUDICE because
they are time-barred and therefore fail to state a claim.
IT IS FURTHER ORDERED that 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 Corizon,
Miles, Edelman, Stieve, Pandya, Plath, Laughhunn, Keller-Jerome, Wiles, Bowerman-Torres, and
Hearld 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 Corizon, Miles, Edelman, Stieve,
Pandya, Plath, Laughhunn, Keller-Jerome, Wiles, Bowerman-Torres, and Hearld shall file an
appearance of counsel (individual Defendants may appear pro se if they do not have counsel) within
21 days of 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: January 22, 2013

/s/ Gordon J. Quist
Gordon J. Quist
United States District Judge

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