NORWOOD v. YORK et al

Filing 32

ORDER re 31 Amended Complaint filed by ANTHONY L NORWOOD: Clerk shall terminate Officer JEREMY YORK as a Defendant and summons issued is QUASHED. Docket shall reflect two Defendants - ANDY J ZAWADZKI and the CITY OF GAINESVILLE . Clerk shall issue summons indicating each Defendant has 21 days to respond, copy of order, copies of Fourth Amended Complaint, completed USM-28 forms, AO-398 and AO-399 form to USMS for service. Clerk to forward form for consenting to trial by magistrate judge to Plaintiff. Signed by MAGISTRATE JUDGE GARY R JONES on 5/2/2012. (Forms to Plaintiff and USMS per Order.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

ANTHONY L. NORWOOD,
Plaintiff,
v.

CASE NO. 1:11-cv-176-MP-GRJ

JEREMY YORK,
Defendant.
_____________________________/
ORDER
Pending before the Court is a letter from Plaintiff requesting that the Court
remove Defendant Jeremy York of the Alachua County Sheriffs Office as a Defendant
in this case because Plaintiff has learned through further investigation the the
individual Plaintiff believes violated his constitutional rights is Gainesville Police
Department Officer Andy J. Zawadzki, and not Jeremy York. Accordingly, Plaintiff asks
the Court to accept for filing his Fourth Amended Complaint (Doc. 31) and requests that
the Court order service on Officer Zawadzki and the Gainesville Police Department.
Plaintiff alleges the City of Gainesville is liable because it failed to train officer
Zawadzki. Accordingly, service of the Fourth Amended Complaint on Defendants shall
now be ordered and the Defendants shall be required to respond.
Accordingly, it is ORDERED that:
1.

The Clerk shall terminate Officer Jeremy York as a Defendant in this case.

The summons issued to Jeremy York (Doc. 29) is QUASHED.

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2.

The docket shall reflect that there are two Defendants in this action:

Officer Andy J. Zawadzki, employed at the Gainesville Police Department, 413
Northwest 8th Avenue, Gainesville, FL 32601, and the City of Gainesville.
3.

The clerk shall print copies of the Fourth Amended Complaint and shall

complete the USM-285 forms and AO-398 and AO-399 forms for each Defendant.
4.

The clerk shall issue a summons, indicating that each Defendant has

twenty-one (21) days in which to file a response to the complaint, and refer the
summons, a copy of this order, the service copies of the Fourth Amended Complaint,
the completed USM-285 forms and the completed AO-398 and AO-399 forms, to the
United States Marshals Service (USMS). Pursuant to Fed. R. Civ. P. 4(c)(2), all costs
of service shall be advanced by the United States.
5.

Pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, the USMS

shall send a copy of the Fourth Amended Complaint, a copy of this order, a completed
AO-398 form and a copy thereof, a AO-399 form, and a prepaid means of compliance
to each Defendant through first class mail. The USMS shall mail the forms to
Defendants as soon as possible so that service or waiver of service can be completed
within 120 days from the date of entry of this order on the docket.
6.

If after thirty (30) days from the mailing of the waiver of service forms and

the complaint a Defendant has not returned the waiver of service form (AO-399 form),
the USMS shall personally serve that Defendant pursuant to Rule 4(e) of the Federal
Rules of Civil Procedure. Upon completion of service, the USMS shall file with the clerk
the return and a written statement of all costs incurred of making such personal service.

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7.

The clerk shall refer this file to the undersigned if the waiver form is

returned for insufficient address or for similar reason, if service on either Defendant is
returned unexecuted, or if the USMS has filed a statement of costs incurred for making
personal service.
8.

Defendants shall have twenty-one (21) days in which to file a response to

the Fourth Amended Complaint.
9.

No motion for summary judgment shall be filed by any party prior to entry

of an initial scheduling order without permission of the court.
10.

Counsel for Defendants shall file a notice of appearance within twenty

(20) days of the date of service of the Fourth Amended Complaint.
11.

Once a response to the Fourth Amended Complaint is filed, no

amendments to the Fourth Amended Complaint shall be permitted by the court unless,
as required by Rule 15 of the Federal Rules, Plaintiff files a separate motion for leave to
so amend and provides a copy of the proposed amended complaint.
12.

After a response to the complaint has been filed by Defendants, Plaintiff

shall be required to mail to the attorney for Defendants a copy of every pleading or
other paper, including letters, submitted for consideration by the court. Plaintiff shall
include with the original paper to be filed with the clerk of court a certificate of service
stating the date a correct copy of the paper was mailed to Defendants or to the attorney
representing Defendants. Any paper submitted for filing after a response to the
complaint has been filed by Defendants which does not contain a certificate of
service shall be returned by the clerk and disregarded by the court.

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13.

In accordance with 28 U.S.C. § 636(c)(2), the clerk shall forward to

Plaintiff a form for consenting to trial by the magistrate judge, with the case number
written on it. If Plaintiff wishes to consent he should sign the form and forward it to
counsel for Defendants, who, if Defendants consents, shall return it to the clerk only if
Defendants also consent.
14.

Plaintiff is reminded to keep the clerk of court advised of any change in

his mailing address should he be transferred, released from prison, or otherwise be
relocated. Failure to do so may result in the dismissal of Plaintiff’s action for failure to
prosecute if court orders are not able to reach Plaintiff.
15.

In any event, the Clerk shall refer this file to the undersigned no later

than June 22, 2012.
DONE AND ORDERED this 2nd day of May 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge