FREEMAN v. FLORIDA DEPARTMENT OF CORRECTIONALS

Filing 14

ORDER GRANTING 13 MOTION to Extend Time filed by DENNIS FREEMAN: Clerk shall forward to Plaintiff copy of Fed.R.Civ. P. 4, one blank summons, 2 AO 398 forms and copy of complaint. Plaintiff shall complete summons and return to Clerk w/n 20 days for issuance of the summons. Plaintiff shall have until 1/3/2012 to execute service as to Defendant. (Notify Chambers on 1/3/2012., Summons return Deadline by 12/21/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 12/1/2011. (Forms and complaint per Order mailed to Plaintiff.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DENNIS FREEMAN,
Plaintiff,
v.

CASE NO. 4:11-cv-00037-WS-GRJ

SECRETARY, FLORIDA DEPARTMENT
OF CORRECTIONS,
Defendant.
_____________________________/
ORDER
This cause is pending before the Court on Doc. 13, Plaintiff’s motion for
extension of time to serve Defendant. Plaintiff’s 120-day deadline for serving
Defendant was May 25, 2011. On October 4, 2011, this Court issued an Order to Show
Cause why the case should not be dismissed because Defendant has not been served.
(Doc. 10.) In response, Plaintiff stated that before the 120-day period expired, he
mailed the complaint and summons to the Daley Law Firm in Tallahassee and that the
firm advised him the complaint was timely served upon the Defendant. (Doc. 11.)
Plaintiff stated that he advised the Daley Law Firm of this Court’s order to show cause
but had not received a response. The Court granted an extension of time giving
Plaintiff until on or before December 2, 2011 to execute service. (Doc. 12.) In the
instant motion, Plaintiff states that despite repeated attempts at contacting the law firm,
he has received no response. Plaintiff asserts that he sent his only copy of the
complaint and the summons to the law firm. Plaintiff requests a 30-day extension of
time to serve Defendant. (Doc. 13.) The Court finds that good cause exists to extend

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the deadline for service.
Accordingly, it is ORDERED:
1. Plaintiff’s motion for extension of time is GRANTED. Plaintiff shall have until
on or before January 3, 2012, to execute service as to the Defendant.
2. The Clerk shall forward to Plaintiff a copy of Fed. R. Civ. P. 4, one blank
summons, two copies of AO 398, and one copy of the Complaint (Doc. 1) so that
Plaintiff may request the Defendant to waive formal service, if applicable.
3. If Plaintiff elects to attempt formal service, he shall complete each summons
and return to the Clerk within 20 days of this date. If the summonses are completed
and returned, the Clerk shall issue a summons for each defendant indicating that they
have twenty-one (21) days to respond to the complaint.
4. After a response to the complaint has been filed by a Defendant, Plaintiff is
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 must include
with the original paper to be filed with the Clerk of Court a certificate of service which
states the date a correct copy of the paper was mailed to the Defendants or the
attorney representing the Defendants. Any paper submitted for filing after a response
to the complaint has been filed by the Defendants which does not contain a certificate
of service shall be returned by the Clerk and disregarded by the Court.
DONE AND ORDERED this 1st day of December 2011.

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

Case No: 4:11-cv-00037-WS -GRJ