Harris #292201 v. Scott et al

Filing 9

AMENDED 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)

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.
____________________________________/
AMENDED ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed (EFC No. 8):
IT IS ORDERED that Plaintiff’s action 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: December 1, 2015

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge