Hurick #480810 v. McKee et al

Filing 4

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)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DALE ALLEN HURICK, Plaintiff, Case No. 1:15-cv-140 v. Honorable Paul L. Maloney KEN McKEE 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 the Clerk shall forward two copies of the complaint and any attachments 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 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: March 3, 2015 /s/ Phillip J. Green Phillip J. Green United States Magistrate Judge -2-

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