Baker v. Michigan Department of Corrections et al
ORDER REGARDING PARTIAL SERVICE: dismissing Defendants Szappen, Mohrman, Bell, McCauley, Finan, Howard, Unknown Party #1, Burtch, Bishop, Malik, Filsinger, Vittitow, Marble, Masley, Tantchow, Robinson, Jados, Teed, McMillen, Petty, Ludwick, McIntyre, Tribley, Naples, Pomeroy, Hamel, Sorenson, Collins, Unknown Party #3, Unknown Party #4, Unknown Party #7, Nardi, Niemisto, Gilbert, Cavin, Haynie, Jelik, Belzner, Unknown Part(y)(ies) #8, Clark, Hunt, Chapman and Kearney; within 14 days, plaintiff s hall 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) Modified on 5/28/2013; this document replaced by 13 (kvt).
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
ROBERT ALLEN BAKER,
Case No. 1:13-cv-284
Honorable Paul L. Maloney
OF CORRECTIONS et al.,
ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s action against Defendants Szappen, Mohrman, Bell,
McCauley, Finan, Howard, Unknown Party #1, Burtch, Bishop, Malik, Filsinger, Vittitow, Marble,
Masley, Tantchow, Robinson, Jados, Teed, McMillen, Petty, Ludwick, McIntyre, Tribley, Naples,
Pomeroy, Hamel, Sorenson, Collins, Unknown Party #3, Unknown Party #4, Unknown Party #7,
Nardi, Niemisto, Gilbert, Cavin, Haynie, Jelik, Belzner, Unknown Part(y)(ies) #8, Clark, Hunt,
Chapman and Kearney will be DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and
42 U.S.C. § 1997e(c), on grounds of immunity and failure to state a claim.
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.1
The Court does not order service of Plaintiff’s extensive exhibits to the Complaint, which are substantially
evidentiary documents. Defendants may access the exhibits through the Court’s electronic case management system.
IT IS FURTHER ORDERED that immediately upon receipt of this order, Plaintiff
shall request that the prison make twenty-seven (27) copies of the complaint for service upon the
remaining named Defendants.2 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 the remaining named Defendants (Michigan Department of
Corrections, Correctional Medical Services, Inc., Prison Health Services, Inc., Corizon Health, Inc.,
Bohjanen, Wellman, Holmes, Ninnis, Morris, Bailey, Loop, Harrison, Buda, Wilbanks, DeShambo,
Ralles, Usitelo, Kallal, Rihtarshick, Carki, Axley, Kerrtu, Witburn, Dabb, Johnson, Millette, and
At this juncture, the Court lacks sufficient information to order service on Defendant Unknown Parties ##2,
5, 6, and 9.
Fluohog) 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.
IT IS FURTHER ORDERED that Defendants 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.
May 28, 2013
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
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