Nelson #630619 v. Shaffer et al

Filing 30

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)

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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 SOUTHERN DIVISION ______ LUSTER RAY NELSON, II, Plaintiff, v. Case No. 1:20-cv-41 Honorable Paul L. Maloney K. SHAFFER et al., Defendants. ____________________________/ 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. § 1915(d). 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. Dated: February 17, 2021 /s/ Ray Kent Ray Kent United States Magistrate Judge 2

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