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Alvarado 931694 v. Unknown Party
1:25-cv-00124
W.D. Mich.
May 14, 2025
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Background

  • Plaintiff Jorge Antonio Lopez Alvarado, an incarcerated individual, filed a civil rights suit under 42 U.S.C. § 1983.
  • The Court originally reviewed the complaint for potential dismissal under screening statutes for prisoners (28 U.S.C. §§ 1915(e), 1915A, 1997e(c)).
  • The matter was referred to the Pro Se Prisoner Civil Rights Litigation Early Mediation Program and stayed pending mediation outcomes.
  • The case was later deemed ineligible for the mediation program, prompting the Court to lift the stay on proceedings.
  • Plaintiff was granted in forma pauperis status and is required to pay the full $350 filing fee through monthly deductions from his prison trust account, as required by 28 U.S.C. § 1915(b).
  • The order initiates formal service of the complaint and sets deadlines for defendants to appear but does not require an answer or motion until further Court order.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Continuation of Stay Stay should be lifted now that mediation is unavailable Not stated Stay on proceedings is lifted
Obligation to Pay Filing Fee Granted in forma pauperis—but responsible for payment Not stated Plaintiff must pay full filing fee via installments
Initiation of Service Complaint should be served Not stated Clerk to forward complaint for service
Requirement for Defendant Appearance N/A N/A Defendants must file appearance after service

Key Cases Cited

  • McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (explains prisoner filing fee payment procedures under the PLRA, partially overruled by LaFountain v. Harry)
  • Hampton v. Hobbs, 106 F.3d 1281 (6th Cir. 1997) (sets forth procedures for installment payment of filing fees by prisoners)
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Case Details

Case Name: Alvarado 931694 v. Unknown Party
Court Name: District Court, W.D. Michigan
Date Published: May 14, 2025
Docket Number: 1:25-cv-00124
Court Abbreviation: W.D. Mich.