Hardrick #440921 v. MacLaren et al
ORDER REGARDING PARTIAL SERVICE: dismissing action against defendant MacLaren for failure to state a claim; the Clerk is to arrange for service of this order and the complaint for service as to defendant McQuiggin; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
Case No. 2:17-cv-29
Honorable Paul L. Maloney
DUNCAN MACLAREN, et al.,
ORDER FOR PARTIAL DISMISSAL
and PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s action against Defendant MacLaren 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 Defendant
McQuiggin 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 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.
June 6, 2017
/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge
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