Jones v. Leocadio et al

Filing 27

ORDER directing Clerk to forward additional forms to Plaintiff. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 8/29/2012. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NORMAN WAYNE JONES,
Plaintiff,
v.

Case No: 2:12-cv-285-FtM-29SPC

ROB LEOCADIO, PATRICK
MCMANUS, and KEVIN RAMBOSK,
Defendants.
___________________________________/
ORDER
This matter comes before the Court on review of the file. The Court notes that further
forms and information are needed so that service may be effectuated on Defendant Kevin
Rambosk.
Accordingly, it is now ORDERED:
(1) Plaintiff must complete each of the enclosed forms for Defendant Rambosk:
A.

Notice of Lawsuit and Request for Waiver of Service of Summons
Plaintiff shall complete blanks A-F on the Notice of Lawsuit and
Request for Waiver of Service of Summons Form. Plaintiff should
write in "30" in Blank F. PLAINTIFF MUST SIGN THE
NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF
SERVICE OF SUMMONS FORM. Plaintiff should not fill in
the date in the line that reads: "I affirm that this request is being
sent to you on behalf of the plaintiff, this
day of
__________."
Plaintiff must return the original and one copy of the completed
Notice of Lawsuit and Request for Waiver of Service of Summons.

B.

Waiver of Service of Summons
Plaintiff shall write his name in the top blank of the form. Plaintiff
must return the original and one copy of the completed Waiver of
Service of Summons.

C.

Summons and Marshal's forms (Form 285)
Plaintiff is required to fill in the name(s) and address(es) of
Defendant(s) in the appropriate spaces on the summons and
marshal's forms. Plaintiff shall fill in "21" as the number of days
allowed to answer. PLAINTIFF MUST SIGN THE 285 FORM.

(2) Plaintiff must then mail the completed forms to the Clerk’s Office within thirty (30)
days from the date on this Order. Failure to return the completed forms within this
time period may result in the imposition of sanctions including the dismissal of this
action against those Defendants without further notice.
(3) Once the forms are received, the United States Marshal shall mail one copy of the
Civil Rights Amended Complaint and attachments, the Notice of Lawsuit and
Request for Waiver of Service of Summons, the Waiver of Service of Summons, and
this Order to Defendant Kevin Rambosk within TWENTY (21) DAYS of this Order.
The Marshal shall fill in the date of mailing in the blanks at the end of the Notice
of Lawsuit and Request for Waiver of Service of Summons that reads: "I affirm
that this request is being sent to you on behalf of the plaintiff, this _____ day of
_____________." The Marshal shall send the Defendants a stamped, self-addressed
envelope for returning the Waiver of Service of Summons to the Court. All costs of
mailing shall be advanced by the United States. The Marshal shall send a copy of the
Notice of Lawsuit and Request for Waiver of Service of Summons form to the
Clerk’s Office so that the Clerk’s Office will have a record of the date it was sent.
(4) Defendants shall have THIRTY (30) DAYS from the date that the Waiver of Service
of Summons was sent to return it, if they choose to do so. If Defendant chooses to
return the Waiver of Service of Summons, he should use the addressed, stamped
envelope provided.

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(5) If a Defendant returns the Waiver of Service of Summons, Defendant shall have
SIXTY (60) DAYS from the date that the Waiver of Service of Summons was sent in
which to answer or otherwise respond to the complaint.
(6) If a Defendant does not return the Waiver of Service of Summons, the Marshal
is directed to personally serve that Defendant and the Court will issue a separate
order and shall assess that Defendant the costs of service. That Defendant shall
then have TWENTY (21) DAYS from the date of personal service of process in
which to answer or otherwise respond to the complaint.1
(7) The Clerk of Court shall forward the following forms: (1) Notice of Lawsuit and
Request for Waiver of Service of Summons (two-part form); (2) Summons; and, (3)
United States Marshall Service (Form 285) to Plaintiff.

DONE and ORDERED in Fort Myers, Florida this 29th day of August, 2012.

Copies: All Parties of Record

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The Prison Litigation Reform Act of 1995, Title VIII, Section 803, Suits by Prisoners, provides, in pertinent part:
(g) WAIVER OF REPLY.
(1) Any defendant may waive the right to reply to any action brought
by a prisoner in any jail, prison, or other correctional facility under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) or any other Federal law. Notwithstanding any other
law or rule of procedure, such waiver shall not constitute an admission of the allegations contained
in the complaint. No relief shall be granted to the plaintiff unless a reply has been filed.
(2) The court may require any defendant to reply to such complaint if it finds that the plaintiff has a
reasonable opportunity to prevail on the merits.

Additionally, Fed. R. Civ. P. 4(d) makes clear that "a defendant is duty-bound to avoid the unnecessary costs of
formal personal service of process, or risk being taxed with costs of service."

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