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Jones v. Bishop

August 19, 2010

MALIK JONES, PLAINTIFF,
v.
J.L. BISHOP, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Justin L. Quackenbush Senior United States District Judge

ORDER RE: PLAINTIFF'S MOTIONS; SUPPLEMENTAL ORDER DIRECTING SERVICE ON DEFENDANT MCGUIRE

IT IS HEREBY ORDERED:

1. Plaintiff's "'Imminent Danger Motion'" (Ct. Rec. 26) is DENIED. Plaintiff seeks the court's "help" claiming that prison officials have retaliated against him and wrongfully taken his mobility assistive devices that doctors prescribed him. He also claims that in June of this year Defendant Probst threw a lunch bag and milk at him. Plaintiff is required to utilize the prison internal grievance system, not this court, to seek to correct his ongoing issues. The court will not consider matters extraneous to the pleadings and Plaintiff is directed to stop filing motions or declarations (such as Ct. Rec. 33 filed August 2, 2010) pertaining to ongoing grievances he has.

2. Plaintiff's Motion for Court to Order Service of Process on Defendant J. McGuire (Ct. Rec. 31) is GRANTED. Plaintiff apparently does not wish to voluntarily dismiss the claims against Defendant J. McGuire, as previously suggested. This Order shall supplement the court's April 30, 2010 and May 19, 2010 Orders Directing Service.

3. Plaintiff's Amended Complaint states cognizable claims for relief against Defendant J. McGuire. See Ct. Rec. 10, 18. The court ordered Plaintiff to prepare and return the necessary service documents by April 30, 2010. Ct. Rec. 18. Plaintiff has done so. Ct. Rec. 20. 4. The Clerk of Court shall additionally forward the following documents to the United States Marshal in connection with service on Defendant J. McGuire:

a. One completed and issued summons;

b. One completed USM-285 forms;

c. One copy of the Amended Complaint;

d. One copy of this Order, as well as the Orders at Ct. Rec. 10 and 18;

e. Two copies of a Waiver of Service;

f. One notice of lawsuit consistent with Federal Rule of Civil Procedure 4(d)(1); and

g. One request for waiver of service consistent with Federal Rule of Civil Procedure 4(d)(1).

5. The Clerk of Court shall also immediately forward the following additional documents to ...


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