Collins #441263 v. Del-Tour et al

Filing 11

ORDER REGARDING PARTIAL SERVICE: dismissing defendants Burt and Palmer; 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

ALVIN COLLINS,
Plaintiff,
v.

Case No. 1:16-cv-116
Honorable Paul L. Maloney

UNKNOWN DEL-TOUR 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 Defendants Burt and Palmer be
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).
IT IS FURTHER ORDERED that the Clerk shall forward the amended complaint (ECF
No. 8) and attachments to the original complaint (ECF No. 1-1) to the U.S. Marshals Service, which is
authorized to mail a request for waiver of service to Defendant Del-Tour 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 Defendant Del-Tour 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,
Defendant is not 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 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: April 11, 2016

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

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