Clifton Terron Lee v. Sarah Schroeder et al.

Summary

This order in a prisoner civil rights action lifts a stay imposed for early mediation and directs service of the complaint on identified defendants. It also addresses installment payment of the filing fee under 28 U.S.C. § 1915, establishes the service period, and sets deadlines for defendants to enter appearances. Service is not ordered for unidentified John Doe defendants because the plaintiff has not provided sufficient identifying information.

Holdings

1. The stay entered to facilitate mediation was lifted after the case was removed from the early mediation program.
2. A prisoner granted leave to proceed in forma pauperis remains responsible for paying the entire $350 filing fee through monthly installment payments.
3. The 90-day period for service under Federal Rule of Civil Procedure 4(m) begins on the date of this order, and the Clerk must forward the complaint to the United States Marshals Service for service on the identified defendants.
4. The court was not required to order the Marshals Service to identify five unknown defendants whom Plaintiff had not sufficiently identified.

Questions Presented

1. Whether the stay entered to facilitate early mediation should be lifted after the case was removed from mediation.
2. How Plaintiff must pay the statutory filing fee after being granted leave to proceed in forma pauperis.
3. How and when the identified defendants must be served and appear in the action.
4. Whether the United States Marshals Service must identify unknown defendants whom Plaintiff has not sufficiently identified.

Disposition

other