ONeal #447377 v. Snyder et al
Filing
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ORDER REGARDING PARTIAL SERVICE: dismissing with prejudice plaintiff's action against defendants Snyder, Heyns, Stoddard, Norwood, Huss, Badrykra, Tefft, Banagan, Drakrgan, Ball, Ault, Doolittle and Unknown Parties named as ICF Officials (Unknow n) for failure to state a claim; 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 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
QUAWNRICO O’NEAL,
Plaintiff,
v.
Case No. 1:14-cv-409
Honorable Paul L. Maloney
RICK SNYDER, 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 Snyder, Heyns, Stoddard,
Norwood, Huss, Badrykra, Tefft, Banagan, Drakrgan, Ball, Ault, Doolittle and Unknown Parties
named as ICF Officials (Unknown) 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 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 3 copies of the complaint and exhibits for service upon Defendants
Ryske, Balzack and Sheldon. 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 Ryske, Balzack and Sheldon 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 Ryske, Balzack and Sheldon 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.
2
§ 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 23, 2014
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
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