Harris #292201 v. Scott et al

Filing 8

ORDER REGARDING PARTIAL SERVICE: dismissing with prejudice; the Clerk is to arrange for service of this order and the complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIE J. HARRIS, Plaintiff, v. Case No. 1:15-cv-550 Honorable Paul L. Maloney UNKNOWN SCOTT 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 is 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), except for Plaintiff’s retaliation claim against Defendants Haynes and Scott. IT IS FURTHER ORDERED that the Clerk shall forward the amended complaint (ECF No. 6) to the U.S. Marshals Service, which is authorized to mail a request for waiver of service to Defendants Haynes and Scott 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 Haynes and Scott 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: November 30, 2015 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

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