Opinion
21-12711
08-17-2022
BENJAMIN ALLEN SWITEK, Plaintiff, v. MIDLAND COUNTY, Defendant.
Matthew F. Leitman United States District Judge.
ORDER DIRECTING SERVICE ON MIDLAND COUNTY
Curtis Ivy, Jr. United States Magistrate Judge.
Plaintiff filed this prisoner civil rights lawsuit, without the assistance of counsel, on October 28, 2021. (ECF No. 1). He is proceeding in forma pauperis. (ECF No. 7). On May 5, 2022, the United States Marshal Service (“USMS”) acknowledged receipt of waiver of service of process documents for defendant Midland County. (ECF No. 11). To date, Midland County has not returned the waiver of service document or otherwise appeared in this matter. The Court concludes that Midland County is not waiving formal service of the summons and complaint.
The USMS is DIRECTED to serve Midland County with a summons and copy of the complaint in accordance with Michigan Court Rule 2.105(G)(1). Specifically, USMS may either (1) personally serve the Midland County Clerk with the summons and a copy of the complaint, or (2) it may serve the summons and a copy of the complaint on a person in charge of the office of the Midland County Clerk and mailing a summons and copy of the complaint by registered mail addressed to the officer at his or her office.
IT IS SO ORDERED.
The parties here may object to and seek review of this Order, but are required to file any objections within 14 days of service as provided for in Federal Rule of Civil Procedure 72(a) and Local Rule 72.1(d).