Jackson #282320 v. Nevins et al

Filing 5

ORDER REGARDING SERVICE: within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw)

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

CURTIS O. JACKSON,
Plaintiff,

Case No. 1:14-cv-1081

v.

Honorable Robert J. Jonker

KHRIS NEVINS et al.,
Defendants.
____________________________________/
ORDER FOR SERVICE
This is a prisoner civil rights action. The Court has conducted an initial review of
the complaint pursuant to 28 U.S.C. §1915(e), §1915A and 42 U.S.C. § 1997e(c), to determine
whether it is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks
monetary relief against a defendant that is immune from such relief. Upon initial review, the Court
concludes that the complaint is not subject to dismissal for any of the reasons listed above.
Therefore:
IT IS 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 ten (10) copies of the complaint and exhibits for service upon each
Defendant for whom service has been ordered. 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 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).
IT IS FURTHER ORDERED that Defendants shall reply to the complaint by way
of answer, motion to dismiss, or motion for summary judgment within the time allowed by law. See
42 U.S.C. § 1997e(g)(2).

Dated: December 16, 2014

/s/ Hugh W. Brenneman, Jr.
HUGH W. BRENNEMAN, JR.
United States Magistrate Judge
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