Ward #0162169 v. Griffiths et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
DENNIS LONNIE ALFRED WARD,
Plaintiff,
v.
G. GRIFFITHS, et al.,
Defendants.
____________________________/
Case No. 1:25-cv-844
Honorable Jane M. Beckering
ORDER LIFTING STAY AND FOR SERVICE
This is a prisoner civil rights action. The Court previously reviewed the complaint under
28 U.S.C. §§ 1915(e) and 1915A and 42 U.S.C. § 1997e(c) to determine whether it was frivolous,
malicious, failed to state a claim upon which relief could be granted, or sought monetary relief
against a defendant that was immune from such relief. The Court then referred the case to the Pro
Se Prisoner Civil Rights Litigation Early Mediation Program and entered an order staying the case
for any purpose other than mediation. The case was not resolved through the early mediation
program. Accordingly,
IT IS ORDERED that the stay of this proceeding that was entered to facilitate the
mediation is LIFTED.
IT IS FURTHER ORDERED that because the Court granted Plaintiff leave to proceed
in forma pauperis in an order entered on October 1, 2025, (ECF No. 8), Plaintiff is responsible for
paying the entire $350.00 filing fee in installments, in accordance with 28 U.S.C. § 1915(b). See
McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled in other part by
LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013); Hampton v. Hobbs, 106 F.3d 1281 (6th
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Cir. 1997). Plaintiff must pay the filing fee through monthly payments of 20 percent of the
preceding month’s income credited to Plaintiff’s prison trust fund account. See 28 U.S.C.
§ 1915(b)(2). Accordingly, each month that the amount in Plaintiff’s trust account exceeds $10.00,
the agency having custody of Plaintiff shall collect 20 percent of the preceding months’ income
and remit that amount to the Clerk of this Court. The agency shall continue to collect monthly
payments from Plaintiff’s prisoner account until the entire filing fee is paid.
IT IS FURTHER ORDERED that the 90-day period for service set forth in Federal Rule
of Civil Procedure 4(m) shall run, starting with the date of this order.
IT IS FURTHER ORDERED that the Clerk shall forward the complaint to the U.S.
Marshals Service, which is authorized to send a request for waiver of service to Defendant G.
Griffiths 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).
IT IS FURTHER ORDERED that Defendant 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, Defendant is not 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, the Court will enter a case management order to govern further
proceedings in this case.
Dated: 	February 4, 2026 	/s/ Ray Kent
RAY KENT
United States Magistrate Judge
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