Wells #230368 v. Grahn et al

Filing 5

ORDER REGARDING PARTIAL DISMISSAL AND PARTIAL SERVICE: dismissing Defendants Miller, Deeren, Jones and Russell; the Clerk is to arrange for service of this order and the complaint; 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

CARL LEE WELLS,
Plaintiff,
v.

Case No. 1:13-cv-608
Honorable Paul L. Maloney

COREY GRAHN 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 Miller, Deeren, Jones and
Russell 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 the Clerk shall forward the complaint to the U.S.
Marshals Service, which is authorized to mail a request for waiver of service to Defendant Grahn
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 Defendant Grahn 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:

June 27, 2013

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