Coston #194241 v. Corizon, Inc. et al

Filing 5

ORDER FOR PARTIAL DISMISSAL and PARTIAL SERVICE: dismissing defendant Michigan Department of Corrections Bureau of Health Care Services; within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon the remaining defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the remaining defendants; 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

CORY COSTON,
Plaintiff,
v.

Case No. 1:17-cv-249
Honorable Paul L. Maloney

CORIZON, 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 Defendant Michigan Department of
Corrections Bureau of Health Care Services be DISMISSED WITH PREJUDICE on grounds of
immunity pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and 42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that, in accordance with Administrative Order
No. 03-029, the Clerk shall return to Plaintiff with a copy of this order one copy of the complaint and
any exhibits.
IT IS FURTHER ORDERED that, in accordance with W.D. Mich. LCivR 10.4 and
Administrative Order 03-029,1 Plaintiff shall, immediately upon receipt of this order, request that
the prison make 8 copies of the complaint and exhibits for service upon Defendants. Plaintiff is

1

When service is to be made by the United States Marshal, as in this case, the Court’s local rules require litigants
to provide sufficient copies of their documents for service when the documents are filed. W.D. Mich. LCivR 10.4.
Under Administrative Order 03-029, Plaintiff was excused from providing additional copies of his complaint until the
Court determined that service was warranted.

responsible for the cost of the copies. If Plaintiff does not have sufficient funds to pay for the copies,
the Michigan Department of Corrections provides loans for legal copies. See Mich. Dep’t of Corr.,
Policy Directive 05.03.116.
IT IS FURTHER ORDERED that within fourteen (14) days of this order, Plaintiff
shall file with the Court the requisite number of copies of the complaint and exhibits along with a
copy of this order OR an affidavit explaining why Plaintiff is unable to provide the requested copies
within the fourteen-day period. Should the Court find that the prison failed to make copies upon
Plaintiff’s request, the Court will direct the Clerk to make such copies as may be necessary and to
charge the Michigan Department of Corrections for the cost of copying at the Court’s usual rate of
$.50 per page.
IT IS FURTHER ORDERED that Plaintiff’s failure to submit the requested copies
within the time provided by the Court or an affidavit explaining why Plaintiff is unable to provide
the requested copies may result in the dismissal of his action without prejudice by the Court.
IT IS FURTHER ORDERED that upon receipt of the copies required by this order,
the Clerk shall forward the complaint to the U.S. Marshals Service, which is authorized to mail a
request for waiver of service to Defendants Corizon, Papendick, Orlebeke, Johnston, Lindstrom,
Peek, Rider, and Roberts-Spreeman in the manner prescribed by Fed. R. Civ. P. 4(d)(2).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).

2

The Court lacks sufficient information at this juncture to order service of the complaint on the unknown parties
identified by Plaintiff as John Does and Jane Does.

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IT IS FURTHER ORDERED that the remaining Defendants 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 3, 2017

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

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