Moore #362785 v. Unknown Part(y)(ies)

Filing 19

ORDER REGARDING PARTIAL SERVICE: dismissing plaintiff's action against defendants Gaskill, Estes, Preace, Behler, McKee, Steven, Cornly, Rosa, Jones and Maccauley with prejudice; within 14 days, plaintiff shall file a copy of this order and suff icient 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, acr)

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

MATTHEW MOORE,
Plaintiff,
v.

Case No. 1:13-cv-669
Honorable Paul L. Maloney

UNKNOWN PART(Y)(IES) 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 Gaskill, Estes, Preace,
Behler, McKee, Steven, Cornly, Rosa, Jones and Macauley 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 complaint will be served with regard to
Plaintiff’s Eighth Amendment failure to protect claims against Defendants Peiffer, Nevins, Walters,
Mote, Bennickson and Kelsey.
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 six (6) copies of the complaint and exhibits for service upon
Defendants Peiffer, Nevins, Walters, Mote, Bennickson and Kelsey. 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).

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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
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: May 21, 2014

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

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