Roden #319782 v. Plont et al
ORDER REGARDING PARTIAL SERVICE: dismissing defendant Trinity Food Service Group ; the Clerk is to arrange for service of this order and the complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
JOHNATHON STEWART RODEN,
Case No. 2:17-cv-188
Honorable Paul L. Maloney
DON PLONT et al.,
ORDER FOR PARTIAL DISMISSAL
AND PARTIAL SERVICE
In accordance with the Opinion filed this date:
IT IS ORDERED that Plaintiff’s motion to file an amended complaint (ECF No.
6) is GRANTED and Plaintiff’s proposed amended complaint is accepted as the complaint in this
IT IS FURTHER ORDERED that Plaintiff’s action against Defendant Trinity
Food Service Group 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 Don Plont 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 Defendant Don Plont 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, Defendant Plont is not 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 Defendant Plont 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.
April 16, 2018
/s/Paul L. Maloney
Paul L. Maloney
United States District Judge
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