FREEMAN v. FLORIDA DEPARTMENT OF CORRECTIONALS
Filing
15
ORDER: Plaintiff shall show cause as to why this case should not be dismissed for failure to timely serve the Defendant. (Show Cause Response due by 1/19/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 1/5/2012. (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
Plaintiff is a prisoner proceeding pro se, alleging that the policy of the Florida
Department of Corrections, codified at Fla. Admin. Code. Ann. r. 33-602.22, violates his
First Amendment rights by restricting him to religious reading materials only while in
disciplinary confinement. (Doc. 1.)
Plaintiff was initially granted leave to proceed as a pauper but paid the full filing
fee. (Docs. 3, 7). The complaint was filed on January 25, 2011; thus, the deadline for
service was May 25, 2011. (Doc. 1.) In Plaintiff’s response to this Court’s October 4,
2011 Order to Show Cause (Doc. 10), he 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 yet received a response. The Court granted Plaintiff two extensions of
time, with the most recent deadline for service passing on January 3, 2012.
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No service has been executed as to the Defendant and Plaintiff has provided the
Court no evidence that Defendant has waived formal service.
Accordingly, it is ORDERED:
That Plaintiff shall show cause on or before January 19, 2012, as to why this
case should not be dismissed for failure to timely serve the Defendant.
DONE AND ORDERED this 5th day of January 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 4:11-cv-00037-WS -GRJ
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