Walton v. Bilinski et al

Filing 5

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that, pursuant to this Court's differentiated case management system, this case is assigned to Track 5B (prisoner actions-standard). IT IS FURTHER ORDERED that plaintiff shall include a copy of this order when either serving the complaint upon defendants or requesting that defendants waive service. IT IS FURTHER ORDERED that, after either being properly served with a copy of the complaint or filing a waiver of service, defendants shall reply to the complaint within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. See 42 U.S.C. ' 1997e(g)(2). Signed by Magistrate Judge Nannette A. Baker on 7/20/15. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CODY LEE WALTON,
Plaintiff,
v.
RYSZARD BILINSKI, et al.,
Defendants.

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No. 2:15-CV-36-NAB

MEMORANDUM AND ORDER
This matter is before the Court on review of the complaint [Doc. #1] pursuant
to 28 U.S.C. ' 1915A. Having carefully reviewed the file, the Court finds that the
complaint survives review under 28 U.S.C. ' 1915(e)(2)(B) and should not be
dismissed. Therefore, the Court will order that defendants Ryszard Bilinski and
Macon County, Missouri, reply to plaintiff=s claims once the complaint has been
properly served. See 42 U.S.C. ' 1997e(g)(2).
The Court notes that plaintiff has paid the filing fee and is represented by
counsel.

Because plaintiff paid the filing fee, he is responsible for serving

defendants with a copy of the complaint. See Fed. R. Civ. P. 4(m). 1 Plaintiff is

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Because over two months have passed since the filing of plaintiff=s complaint,
plaintiff may request additional time to serve defendants, if needed. See Fed. R.
Civ. P. 4(m).

advised that he may seek guidance on serving defendants from the Office of the
Clerk, if needed.
In accordance with the foregoing,
IT IS HEREBY ORDERED that, pursuant to this Court=s differentiated case
management system, this case is assigned to Track 5B (prisoner actions-standard).
IT IS FURTHER ORDERED that plaintiff shall include a copy of this order
when either serving the complaint upon defendants or requesting that defendants
waive service.
IT IS FURTHER ORDERED that, after either being properly served with a
copy of the complaint or filing a waiver of service, defendants shall reply to the
complaint within the time provided by the applicable provisions of Rule 12(a) of the
Federal Rules of Civil Procedure. See 42 U.S.C. ' 1997e(g)(2).
Dated this 20th day of July, 2015.

/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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