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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?