Syzak #215189 v. Prison Health Care Services, Inc., et al
Filing
12
ORDER REGARDING PARTIAL SERVICE: dismissing defendants Trierweiler and PHCS; 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
SCOTT SYZAK,
Plaintiff,
v.
Case No. 1:16-cv-277
Honorable Paul L. Maloney
PRISON HEALTH CARE
SERVICES, INC. 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 Trierweiler and PHCS 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 complaint to the U.S.
Marshals Service, which is authorized to mail a request for waiver of service to Defendant Cornings 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 Cornings 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 Cornings 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 Cornings 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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