Oxendine v. Snow et al

Filing 8

ORDER: The Clerk shall mail specified forms to Plaintiff. The completed forms and the copy of the amended complaint must be returned to the Clerk's Office within TWENTY (20) DAYS of the date of this Order. Failure to return the completed for ms and copy of the amended complaint within this time period will result in dismissal of the case for failure to prosecute, without further notice. Plaintiff shall advise the Court of any change of address. Failure to do so will result in the case being dismissed for failure to prosecute. Signed by Judge James S. Moody, Jr on 4/17/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MATTHEW WAYNE OXENDINE,
Plaintiff,
-vs-

Case No. 8:13-cv-426-T-30TGW

DEPUTY JARROD SNOW,
Defendant.
____________________________/
ORDER
The Court having previously granted leave to proceed in forma pauperis and having
determined that the amended complaint (Dkt. 7) is not subject to dismissal pursuant to 28
U.S.C. § 1915, the amended complaint shall be served on the named Defendant.
Accordingly, the Court ORDERS that:
1.

The Clerk shall send to Plaintiff each of the following forms. Plaintiff must

complete each of the enclosed forms:
A. Notice of Lawsuit and Request for Waiver of Service of Summons
Plaintiff should fill in the names of the parties as shown on the
v.
), and fill in the Civil Action
first page of this order (
No. In the blank following the word “To”, Plaintiff shall write
the NAME AND ADDRESS of the Defendant to whom the
notice is to be sent. THE FORM WILL BE RETURNED IF
PLAINTIFF DOES NOT FILL IN THE DEFENDANT’S
ADDRESS. In the blank where it states “you must return the
signed waiver within____days”, Plaintiff should write in "30."
PLAINTIFF MUST SIGN THE NOTICE OF LAWSUIT AND

REQUEST FOR WAIVER OF SERVICE OF SUMMONS
FORM. Plaintiff shall not fill in the date under the line that
reads: “I certify that this request is being sent to you on the date
below.”
B. Waiver of Service of Summons
Plaintiff should fill in the names of the parties as shown on the
first page of this order (
v.
), and fill in the Civil Action
No. Plaintiff should write his name in the blank following the
word “To”. Plaintiff shall not fill in any of the following lines
on the form, and shall not sign the form.
C. and D. Summons and Marshal’s forms (Form 285)
Plaintiff is required to fill in the name and address of
Defendant in the appropriate spaces on the summons and
Marshal’s forms. Plaintiff shall fill in “20" as the number of days
allowed to answer. PLAINTIFF MUST SIGN THE 285
FORMS. PLAINTIFF MUST SUBMIT 2 COPIES OF THE 285
FORM.
Plaintiff must then mail the completed forms and a copy of the amended complaint
for Defendant to the Clerk’s Office. Plaintiff must provide: (1) one copy of the amended
complaint; (2) two copies of the Notice of Lawsuit and Request for Waiver of Service of
Summons; (3) two copies of the Waiver of Service of Summons; and (4) one copy of this
order. The completed forms and the copy of the amended complaint must be returned to the
Clerk’s Office within TWENTY (20) DAYS1 of the date of this Order. Failure to return the
completed forms and copy of the amended complaint within this time period will result in

1

Plaintiff is cautioned that pursuant to Fed. R. Civ. P. 4(m), failure to perfect service within 120 days
after the filing of the complaint without a showing of good cause for the delay may result in dismissal of the claims
against the unserved defendant(s).

2

dismissal of the case for failure to prosecute, without further notice. Plaintiff’s failure to
provide the Court with properly completed documents necessary to effect service will render
the Court unable to meet its responsibility pursuant to 28 U.S.C. § 1915(d) regarding service
of process. The Court will then review the forms to determine whether they should be
forwarded to the U.S. Marshal’s Office to effect service.
2.

Plaintiff shall advise the Court of any change of address. Failure to do so will

result in the case being dismissed for failure to prosecute.
DONE and ORDERED in Tampa, Florida on April 17, 2013.

SA:sfc
Copy to: Pro se Plaintiff

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