Roden #319782 v. Plont et al

Filing 9

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)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ______ JOHNATHON STEWART RODEN, Plaintiff, Case No. 2:17-cv-188 v. Honorable Paul L. Maloney DON PLONT et al., Defendants. ____________________________/ 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 case. 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. Dated: April 16, 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?