Opinion
1:21-cv-809
02-25-2022
Robert Calkins, Plaintiff, v. Anthony Demorest, Defendant.
ORDER LIFTING STAY AND FOR SERVICE
RAY KENT, UNITED STATES MAGISTRATE JUDGE
This is a prisoner civil rights action, in which Plaintiff is represented by counsel. The Court previously reviewed the complaint under 28 U.S.C. § 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 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 ORDERED that the Clerk shall issue a summons for Defendant and send the summons to Plaintiff's attorney of record to complete service of the summons and complaint upon Defendant. See Fed.R.Civ.P. 4.
IT IS FURTHER ORDERED that Defendant shall file an appearance of counsel (Defendant may appear pro se if he does 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 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 Case.