MCCISKILL v. SMITH

Filing 27

ORDER re 1 Complaint, 25 Notice filed by DONALD MCCISKILL, 22 Notice (by DOC) - - Clerk to send USMS a copy of this order for dft SMITH. Also, clerk shall send the completed Notice and two (2) AO-399 forms (Waiver of the Serv ice of Summons) (prepared by the clerk) to USMS. - Clerk shall refer file to undersigned if waiver form is returned for insufficient address or similar reason, if service is returned unexecuted, or if USMS has filed statement of costs. - Counsel for dft shall file notice of appearance within thirty (30) days of date of service. - - Clerk shall refer this file to undersigned forty-five (45) days from order date. - -(Notify Chambers on 12/10/2010. ) - - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on October 25, 2010.- - (cc: USMS w/notice of waiver and 2 waiver forms, AO-399) (cbj)

MCCISKILL v. SMITH

Doc. 27

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DONALD McCISKILL, Plaintiff, vs. ROCKY SMITH, Defendant. ____________________________________/ ORDER This matter is before the court on Plaintiff's filing a completed Notice of a Lawsuit and Request to Waive Service of a Summons (For Use by Prisoners Proceeding In Forma Pauperis) ("Notice") (Doc. 25-1). Previously the Department of Corrections ("DOC") provided an address in confidence for Defendant Rocky Smith to the United States Marshals Service ("USMS") in order to effect service of process (Doc. 22). Accordingly, it is hereby ORDERED: 1. The clerk of court is directed to send to the USMS a copy of this order for Defendant Smith. The clerk shall also send the completed Notice and two (2) AO-399 forms (Waiver of the Service of Summons) (prepared by the clerk)1 to the USMS, pursuant to Fed. R. Civ. P. 4(d). Pursuant to Fed. R. Civ. P. 4(c)(2), all costs of service shall be advanced by the United States. 2. The USMS shall complete a USM 285 form for Plaintiff, addressed to Defendant Smith. 3. Pursuant to Rule 4(d) of the Federal Rules of Civil Procedure, the USMS shall send a copy of the complaint (Doc. 1),2 a copy of this order, the Notice of Lawsuit form, two (2) copies of the AO-399 form, and a prepaid means of compliance to Defendant Smith through first class mail Case No. 3:09cv298/MCR/EMT

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The clerk shall fill in the caption, case number, and name of Plaintiff, as applicable.

The DOC was previously ordered to forward to the USMS the summons and service copy of the complaint that was provided by the court (see Doc. 15). If the DOC did not comply with this directive, the USMS shall contact Assistant General Counsel Alexandria E. Walters and request the documents.

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Dockets.Justia.com

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at the address provided by the DOC. The USMS shall mail the forms to Defendant 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. 4. If after thirty (30) days from the mailing of the waiver of service forms and the complaint Defendant has not returned the waiver of service form (AO-399 form), the USMS shall personally serve Defendant, pursuant to Rule 4(e) of the Federal Rules of Civil Procedure, with the summons provided by the DOC. 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. 5. 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 Defendant is returned unexecuted, or if the USMS has filed a statement of costs incurred for making personal service. 6. Defendant shall have SIXTY (60) DAYS in which to file a response to the complaint, if Defendant returns the waiver of service. Fed. R. Civ. P. 4(d)(3). Otherwise, if personal service is required, Defendant shall have TWENTY-ONE (21) DAYS in which to file a response to the complaint. 7. 8. 9. No motion for summary judgment shall be filed by any party prior to entry of an Counsel for Defendant shall file a notice of appearance within THIRTY (30) DAYS In any event, the clerk shall refer this file to the undersigned forty-five (45) days Initial Scheduling Order without permission of the court. of the date of service. from the date of this order. DONE AND ORDERED this 25th day of October 2010.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No. 3:09cv298/MCR/EMT