Opinion
Civil Action 21-cv-10460
06-15-2021
DEMARCO PRYOR-MCCOVERY, Plaintiff, v. TREY LEACH, et. al., Defendants.
OPINION AND ORDER OF SUMMARY DISMISSAL
MARK A. GOLDSMITH UNITED STATES DISTRICT JUDGE
Before the court is Plaintiff DeMarco Pryor-McCovery's pro se civil rights complaint filed pursuant to 42 U.S.C. §§ 1981 and 1983. Plaintiff is an inmate currently confined at the Saginaw Correctional Facility in Freeland, Michigan. On March 18, 2021, Magistrate Judge R. Steven Whalen signed an order directing plaintiff to provide three additional copies of his complaint in order to effect proper service upon the defendants. Plaintiff was given thirty days to respond to the order. To date, plaintiff has not complied with the Court's order.
An inmate bringing a civil rights complaint must specifically identify each defendant against whom relief is sought, and must give each defendant notice of the action by serving upon him or her a summons and copy of the complaint. Feliciano v. DuBois, 846 F.Supp. 1033, 1048 (D. Mass. 1994). Where a plaintiff is proceeding in forma pauperis, the district court must bear the responsibility for issuing the plaintiff's process to a United States Marshal's Office, who must effect service upon the defendants once the plaintiff has properly identified the defendants in the complaint. Williams v. McLemore, 10 Fed.Appx. 241, 243 (6th Cir. 2001); Byrd v. Stone, 94 F.3d 217, 219 (6th Cir. 1996); Fed.R.Civ.P. 4(c)(2); 28 U.S.C. § 1915(d).
The Court will dismiss the complaint for want of prosecution, because of plaintiff's failure to comply with Magistrate Judge Whalen's order by failing to provide the requested copies needed to effect service upon the defendants. See Erby v. Kula, 113 Fed.Appx. 74, 75-6 (6th Cir. 2004); Davis v. United States, 73 Fed.Appx. 804, 805 (6th Cir. 2003).
ORDER
IT IS HEREBY ORDERED that Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE to Plaintiff re-filing a new complaint in this matter.
SO ORDERED.