Nelson #630619 v. Shaffer et al
ORDER LIFTING STAY and REGARDING SERVICE: the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Ray Kent (fhw)
Case 1:20-cv-00041-HYJ-RSK ECF No. 30, PageID.112 Filed 02/17/21 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
LUSTER RAY NELSON, II,
Case No. 1:20-cv-41
Honorable Paul L. Maloney
K. SHAFFER et al.,
ORDER LIFTING STAY AND FOR SERVICE
This is a prisoner civil rights action. The Court previously reviewed the complaint
under 28 U.S.C. §§ 1915(e) and 1915A and 42 U.S.C. § 1997e(c), to determine whether it was
frivolous, malicious, failed to state a claim upon which relief could be granted or sought monetary
relief against a defendant that was immune from such relief. The Court then referred the case to
the Pro Se Prisoner Civil Rights Litigation Early Mediation Program and entered an order staying
the case for any purpose other than mediation. The case was not resolved through the early
mediation program. Accordingly,
IT IS ORDERED that the stay of this proceeding that was entered to facilitate the
mediation is LIFTED.
IT IS FURTHER ORDERED that the agency having custody of Plaintiff shall
again commence collection of the filing fee as outlined in the Court’s prior order granting Plaintiff
leave to proceed in forma pauperis.
IT IS FURTHER ORDERED that the 90-day period for service set forth in
Federal Rule of Civil Procedure 4(m) shall run, starting with the date of this order.
Case 1:20-cv-00041-HYJ-RSK ECF No. 30, PageID.113 Filed 02/17/21 Page 2 of 2
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 each
Defendant 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.
IT IS FURTHER ORDERED that each 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.
February 17, 2021
/s/ Ray Kent
United States Magistrate Judge
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