United States District Court, W.D. Michigan, Northern Division
ORDER FOR PARTIAL DISMISSAL and PARTIAL
L. Maloney United States District Judge
accordance with the Opinion filed this Dated:
ORDERED that Plaintiff's action against Defendants Napel,
Nurkala, Caron, Mohrman, Mohr, and Calzetta 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). The Court will serve
the complaint against Defendants Huss, Govern, Viitala, and
Leach with regard to Plaintiff's retaliation claims.
FURTHER ORDERED that, in accordance with Administrative Order
No. 03-029, the Clerk shall return to Plaintiff with a copy
of this order one copy of the complaint and any exhibits.
FURTHER ORDERED that, in accordance with W.D. Mich. LCivR
10.4 and Administrative Order 03-029,  Plaintiff shall,
immediately upon receipt of this order, request that the
prison make 4 copies of the complaint and exhibits for
service upon Defendants Huss, Govern, Viitala, and Leach.
Plaintiff is responsible for the cost of the copies. If
Plaintiff does not have sufficient funds to pay for the
copies, the Michigan Department of Corrections provides loans
for legal copies. See Mich. Dep't of Corr.,
Policy Directive 05.03.116.
FURTHER ORDERED that within fourteen (14) days of this order,
Plaintiff shall file with the Court the requisite number of
copies of the complaint and exhibits along with a copy of
this order OR an affidavit explaining why Plaintiff is unable
to provide the requested copies within the fourteen-day
period. Should the Court find that the prison failed to make
copies upon Plaintiff's request, the Court will direct
the Clerk to make such copies as may be necessary and to
charge the Michigan Department of Corrections for the cost of
copying at the Court's usual rate of $.50 per page.
FURTHER ORDERED that Plaintiff's failure to submit the
requested copies within the time provided by the Court or an
affidavit explaining why Plaintiff is unable to provide the
requested copies may result in the dismissal of his action
without prejudice by the Court.
FURTHER ORDERED that upon receipt of the copies required by
this order, 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 Huss, Govern, Viitala, and
Leach 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).
FURTHER ORDERED that the remaining Defendants 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
When service is to be made by the
United States Marshal, as in this case, the Court's local
rules require litigants to provide sufficient copies of their
documents for service when the documents are filed. W.D.
Mich. LCivR 10.4. Under Administrative Order 03-029,
Plaintiff was excused from providing additional copies of ...