Bell #476602 v. Miller et al

Filing 8

ORDER REGARDING PARTIAL SERVICE: dismissing Defendants Simmons, Miller and Skipper; 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
SOUTHERN DIVISION
______
LESTER BELL,
Plaintiff,
v.

Case No. 1:18-cv-522
Honorable Paul L. Maloney

UNKNOWN MILLER 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 Simmons, Miller, and
Skipper 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 Defendants
Brown and Wilson 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 Brown and Wilson 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:

July 12, 2018

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

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