Smith #267009 et al v. Pallas et al
ORDER REGARDING PARTIAL SERVICE: dismissing Defendants Bird, Briki, Wilkinson, Cassidy, and Bernardo per Rule 41(a) and Defendants Dietz, Karel, Hall, Payton, Killough, and Newton-Newman are dismissed for misjoinder per Rule 20; 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 DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
DERRICK LEE SMITH,
Case No. 1:17-cv-618
Honorable Paul L. Maloney
D.J. PALLAS et al.,
ORDER FOR PARTIAL DISMISSAL
AND PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s motion for voluntary dismissal (ECF No. 15) is
IT IS FURTHER ORDERED that Defendants Briki, Bird, Wilkinson, Cassidy, and
Bernardo are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a) of the Federal Rules
of Civil Procedure.
IT IS FURTHER ORDERED that Defendants Dietz, Karel, Hall, Payton, Killough,
and Newton-Newman are DISMISSED WITHOUT PREJUDICE for misjoinder, pursuant to Rule
20 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that Defendants Pallas, Russell, Washington, and
Hollenbeck are DISMISSED for failure to state a claim, 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. 13) to the U.S. Marshals Service, which is authorized to mail a request for waiver of
service to Defendants Goulet and Vanderwagen in the manner prescribed
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 Goulet, Vanderwagen 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: November 17, 2017
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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