BLOME v. REED et al
Filing
11
ORDER OF SPECIAL APPOINTMENT; SERVICE OF PROCESS UPON DEFENDANT; AND NOTICE TO PLAINIFF re 10 First Amended Complaint filed by RICHARD BLOME: Clerk shall prepare summons, indicating Defendants have 60 days following service to file a response to First Amended Complaint, and refer summons w/service copies of complaint and this order to USMS for service. Clerk to forward Plaintiff a form consenting to trial by the Magistrate Judge. (Notify Chambers on 5/18/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 3/13/2012. (Forwarded summons, complaint, and order to USMS; Sent form consenting to trial to Plaintiff.) (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
RICHARD BLOME,
Plaintiff,
vs.
Case No: 1:11-cv-266-SPM-GRJ
SUSAN DAVIS, et al.,
Defendants.
_______________________________/
ORDER OF SPECIAL APPOINTMENT; SERVICE OF PROCESS
UPON DEFENDANT; AND NOTICE TO PLAINTIFF
This case is before the Court on Doc. 10, Plaintiff’s First Amended Complaint.
Plaintiff has been granted leave to proceed as a pauper by separate order and the
allegations against the Defendants are deemed sufficient to alert the Defendants to the
nature and basis of Plaintiff's claims. This Order directs service of the First Amended
Complaint on Plaintiff’s behalf.
Accordingly, it is ORDERED:
1. The Clerk shall prepare and issue the summons, indicating that Defendants
have sixty (60) days following service in which to file a response to the First
Amended Complaint, and shall refer the summons to the United States Marshal, along
with the service copies of Plaintiff's First Amended Complaint (Doc. 10) and this Order.
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2. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Edward Watson is
specially appointed to serve process upon Defendants Susan Davis, Jaime Davis,
Randall White and Cynthia Reed at the Cross City Correctional Institution, a facility
within the Florida Department of Corrections. In the absence of Edward Watson, the
specially appointed process server designated above, Ricky Cloud is designated as an
alternate server and shall comply with this Order as though issued in her name.
3. Within 10 days from the date of entry of this Order on the docket, the United
States Marshal or a Deputy United States Marshal shall serve a copy of the First
Amended Complaint, a summons, and this Order upon the Defendants. Service shall
be accomplished by mailing these documents by regular mail to the above named
special process server who shall serve the Complaint. All costs of service shall be
advanced by the United States.
4. Within 10 days after receipt of the complaint and this order, Edward Watson
shall serve the First Amended Complaint upon the individual named above,
complete and sign the return of service, and return it to the Clerk of Court as proof of
service. Defendants shall each also sign the return of service as an
acknowledgment of receipt of service.
5. If any of the Defendants is no longer employed at the designated institution or
facility, or are otherwise unable to be served, the server shall report this information to
the Clerk of Court within 10 days after receipt of the First Amended Complaint and this
Order. If service is returned unexecuted, or if a return is not filed within twenty
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(20) days from the date of this order, the Clerk of Court shall immediately notify
Chambers.
6. Defendants shall have 60 days after service in which to file a response to
the First Amended Complaint.
7. No motion for summary judgment shall be filed by any party prior to entry of
an Initial Scheduling Order without permission of the Court.
8. Counsel for Defendants shall file a notice of appearance within 10 days of
the date of service.
9. Plaintiff is advised that after a response to the First Amended Complaint has
been filed, no further amendments to the First Amended Complaint shall be permitted
by the Court unless, as required by Rule 15 of the Federal Rules of Civil Procedure,
Plaintiff files a separate motion for leave to so amend and provides a copy of the
proposed amended complaint. N.D. Fla. Loc. R. 15.1.
10. 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, the form should be signed and forwarded to counsel for
Defendants. If the Defendants wish to consent, the form should be signed and returned
to the Clerk.
11. After a notice of appearance has been filed, Plaintiff shall be required to mail
to the attorney for the Defendants a copy of every pleading or other paper, including
letters, submitted for consideration by the Court. Plaintiff shall include with each
pleading, motion, or other paper to be filed with the Clerk of the Court a certificate
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stating the date an identical copy of the paper was mailed to the attorney representing
the Defendants. Any paper so submitted for filing that does not contain a "certificate of
service" shall be returned by the Clerk and disregarded by the Court.
12. 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 should court orders not be able to reach Plaintiff.
13. The Clerk of Court shall return this file to the undersigned no later than May
18, 2012.
DONE AND ORDERED this 13th day of March 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
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