Dennis Lonnie Alfred Ward v. G. Griffiths, et al.

Summary

The United States District Court for the Western District of Michigan lifts the stay entered for early mediation after the action was not resolved. The order addresses installment payment of the filing fee, directs the Clerk to forward the complaint for service on Defendant G. Griffiths, and sets deadlines for service and appearance.

Holdings

1. Because the early mediation program did not resolve the case, the court lifted the stay.
2. A prisoner granted leave to proceed in forma pauperis remains responsible for paying the entire filing fee in installments, including monthly payments of 20 percent of the preceding month's income when the prison trust account exceeds $10.
3. The 90-day period for service under Federal Rule of Civil Procedure 4(m) begins on the date of the order, and the Clerk must forward the complaint to the U.S. Marshals Service for waiver-request procedures and, if waiver is unsuccessful, formal service.
4. The defendant must file an appearance of counsel within 21 days after service, or within 60 days after a waiver request was sent, but is not required to file an answer or motion in response to the complaint until directed by the court.

Questions Presented

1. Whether the stay entered to facilitate early mediation should be lifted after mediation failed.
2. What filing-fee payment obligations apply to a prisoner proceeding in forma pauperis.
3. When the service period begins and what procedures govern service through the U.S. Marshals Service.
4. Whether the defendant must file an answer or other responsive motion before filing an appearance of counsel.

Disposition

other