Klotz et al v. Ingham County Jail

Filing 14

ORDER REGARDING PARTIAL SERVICE: 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

TERRY LIN KLOTZ et al.,
Plaintiff,
v.

Case No. 1:17-cv-608
Honorable Paul L. Maloney

INGHAM COUNTY JAIL,
Defendant.
____________________________________/
ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that the Clerk shall substitute the County of Ingham for Defendant
Ingham County Jail.
IT IS FURTHER ORDERED that Plaintiff’s Eighth or Fourteenth Amendment claims
concerning double-bunking, toilets, showers, and mold 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). The Court orders service of the remaining Eighth or Fourteenth Amendment claims.
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 Ingham County
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 remaining Defendant 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: September 21, 2017

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

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