Johnson #286979 v. Heyns et al

Filing 6

ORDER REGARDING PARTIAL DISMISSAL AND PARTIAL SERVICE: dismissing WITH PREJUDICE Plaintiff's action against Defendants Heyns, Smith, Sanchez, Lockhart, Russell and Pettus; dismissing WITH PREJUDICE all of Plaintiff's claims against Defendant Kipp, with the exception of his Eighth Amendment claim; 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

JERRY DON JOHNSON,
Plaintiff,
v.

Case No. 1:14-cv-199
Honorable Paul L. Maloney

DANIEL HEYNS 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 Heyns, Smith, Sanchez,
Lockhart, Russell and Pettus 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 all of Plaintiff’s claims against Defendant Kipp,
with the exception of his Eighth Amendment claim, are DISMISSED WITH PREJUDICE.
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 Kippin
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 Kipp 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 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:

March 19, 2014

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