-VMM Morris v. Newberry Correctional Facility et al, No. 2:2010cv13613 - Document 9 (E.D. Mich. 2010)
Court Description: OPINION ORDER DISMISSING CASE Signed by District Judge Patrick J Duggan. (MOre)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MUNCEY MORRIS, Plaintiff, Case No. 10-13613 v. Honorable Patrick J. Duggan NEWBERRY CORRECTIONAL FACILITY, et al., Defendants. / OPINION AND ORDER OF SUMMARY DISMISSAL On September 10, 2010, Muncey Morris ( Plaintiff ), a state prisoner currently incarcerated at the Charles Egeler Reception and Guidance Center, in Jackson, Michigan, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. On September 14, 2010, Magistrate Judge R. Steven Whalen signed an Order directing Plaintiff to provide six additional copies of his Complaint in order to effect proper service upon Defendants. Plaintiff was given thirty days to respond, but has not complied with the Court s order.1 A prisoner 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 1 Magistrate Judge Whalen also signed a second Order of Deficiency regarding Plaintiff s failure to pay the $ 350.00 filing fee or to provide an application to proceed in forma pauperis. Plaintiff corrected this deficiency by filing an application to proceed in forma pauperis on October 5, 2010 and a prisoner trust account statement on October 15, 2010. 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. 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3); Byrd v. Stone, 94 F.3d 217, 219 (6th Cir. 1996). The Court dismisses the Complaint for want of prosecution because Plaintiff failed to comply with Magistrate Judge Whalen s Order to provide the copies needed to effect service upon Defendants. See Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991). Accordingly, IT IS ORDERED that Plaintiff s Complaint is DISMISSED WITHOUT PREJUDICE to Plaintiff refiling a new complaint in this matter. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Date: November 30, 2010 Copies to: Muncey Morris, #448131 Charles Egeler Reception and Guidance Center 3855 Cooper St. Jackson, MI 49201-7547 Magistrate Judge R. Steven Whalen 2
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