Nunn #439447 v. Frandrick et al

Filing 5

ORDER REGARDING PARTIAL SERVICE: dismissing Defendants Powell, Christianen and Scheibner; 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

RICARDO WILLIAM NUNN,
Plaintiff,
v.

Case No. 1:16-cv-303
Honorable Paul L. Maloney

UNKNOWN FRANDRICK 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 Powell, Christianen and
Scheibner 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 Frandrick and Jensen 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 the Defendants Frandrick and Jensen 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:

April 12, 2016

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

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