Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Saunders v. Lewis

June 2, 2006

DEREK M. SAUNDERS, PLAINTIFF,
v.
TAMARA LEWIS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Chief Magistrate Judge Michael R. Merz

ORDER REGARDING SERVICE OF PROCESS

This case is before the Court on Plaintiff's Motion for an extension of time to obtain service of process on the two remaining Defendants, Messrs. Lewis and Harley (Doc. No. 11).

This action was filed January 4, 2006, and should have been dismissed for failure of service as to these two Defendants on May 5, 2006. Because Plaintiff is proceeding pro se, the Court on April 28, 2006, on its own motion extended to the time for service to June 1, 2006. Instead of making service by that date, Plaintiff has asked for more time because the VLP did not provide him with counsel.

Although the allegations of a pro se complaint are subjected to "less stringent standards than formal pleadings drafted by lawyers." Westlake v. Lucas, 537 F.2d 857 (6th Cir. 1976), citing Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed. 2d 652 (1972), this laxity does not apply to straightforward scheduling requirements which are as understandable by a layman as by a lawyer. Jourdan v. Jabe, 951 F. 2d 108 (6th Cir. 1991). Preparing the Summons is much easier than preparing a complaint, which Plaintiff here has already done by himself. On this date the Clerk has sent Plaintiff two blank summons forms and blank U.S. Marshal forms to request the Marshal to make service. Provided that those forms are completed and returned to the Clerk by June 15, 2006, the Court will extend the time for service to July 15, 2006.

Michael R. Merz Chief United States Magistrate Judge

20060602

© 1992-2006 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.