Kelly #225090 v. Stoddard et al

Filing 8

ORDER REGARDING SERVICE: the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Phillip J. Green (Magistrate Judge Phillip J. Green, jkw)

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

OPELTON KELLY,
Plaintiff,

Case No. 1:14-cv-1278

v.

Honorable Paul L. Maloney

CATHLEEN STODDARD, 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. §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 the Clerk shall issue summonses and return them to the
Plaintiff. Because Plaintiff is not proceeding in forma pauperis in this action, he is responsible for
service of summons and complaint upon Defendants. See FED. R. CIV. P. 4.
IT IS FURTHER ORDERED that 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: February 9, 2015

/s/ Phillip J. Green
Phillip J. Green
United States Magistrate Judge

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