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