Bailey #194330 v. Skytta et al

Filing 7

ORDER REGARDING PARTIAL SERVICE: dismissing Defendant Washington; within 14 days, plaintiff shall file a copy of this order and sufficient additional copies of the complaint for service upon the remaining defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the remaining defendants; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
______
JERRY DOWELL BAILEY,
Plaintiff,

Case No. 2:17-cv-187

v.

Honorable Paul L. Maloney

UNKNOWN SKYTTA 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 Defendant Washington 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 because Plaintiff has provided the Court with
a sufficient number of copies of the complaint for service, 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 Skytta, Lesatz, Marshall, and Petaja 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 Skytta, Lesatz, Marshall, and
Petaja 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:

April 13, 2018

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

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