United States District Court, D. Montana, Butte Division
ANTHONY L. EVANS, Plaintiff,
SEAN DALY and ERIN DIEHL, Defendants.
Jeremiah C. Lynch United States Magistrate Judge.
Plaintiff Anthony Evans filed a response to the Court's
May 10, 2018 Order clarifying his claims against the named
Defendants. (Doc. 8.) The Court has considered whether
Evans's Complaint (Doc. 2) is frivolous, malicious, fails
to state a claim, or seeks solely monetary relief from a
defendant who is immune. See 28 U.S.C. §§
1915(e)(2), 1915A(b). It has also considered whether Evans
has a reasonable opportunity to prevail on the merits.
See 42 U.S.C. § 1997e(g). Dismissal is not
appropriate at this time. Defendants must respond to the
Complaint. See 42 U.S.C. § 1997e(g)(2) (while
Defendants may occasionally be permitted to “waive the
right to reply to any action brought by a prisoner confined
in any jail, prison, or other correctional facility under
section 1983, ” once the Court has conducted its sua
sponte screening pursuant to 28 U.S.C. § 1915(e)(2) and
§ 1915A(b), and thus, has made a preliminary
determination based on the face on the pleading alone that
plaintiff has a “reasonable opportunity to prevail on
the merits, ” Defendant is required to respond).
on the foregoing, the Court issues the following:
Pursuant to Fed.R.Civ.P. 4(d), the Court will request
Defendants to waive service of summons of the Complaint by
executing, or having counsel execute, the Waiver of Service
of Summons. The Waiver must be returned to the Court within
30 days of the entry date of this Order as reflected on the
Notice of Electronic Filing. If Defendants choose to return
the Waiver of Service of Summons, their answer or appropriate
motion will be due within 60 days of the entry date of this
Order as reflected on the Notice of Electronic Filing,
pursuant to Fed.R.Civ.P. 12(a)(1)(B). See also 42
U.S.C. § 1997e(g)(2).
Clerk of Court shall mail the following documents to:
Sean Daly Erin Diehl Bozeman Adult Probation and Parole 2273
Boot Hill Ct #130 Bozeman, MT 59715
* Complaint (Doc. 1);
* Order dated May 10, 2018 (Doc. 6);
* May 21, 2018 Response to Order (Doc. 8);
* this Order;
* a Notice of Lawsuit & Request to Waive Service of
* a Waiver of Service of Summons.
for Defendants must file a “Notice of Appearance”
as a separate document at the time an Answer or Rule 12