THOMAS v. BUSS

Filing 22

ORDER re 17 First Amended Complaint filed by DERREL THOMAS, JR - Clerk directed to issue summonses for JORAM PEREZ and BRADSHAW. Perez documents to Alexandria Walters, Florida Deputy General Counsel to obtain confidential addr ess of Defendant for USMS. Bradshaw documents via USMS to Darlene Lumpkin or Claudene Hall specially appointed to serve Defendant at Jefferson CI. Defendants' responses due w/n 60 days of service. Signed by MAGISTRATE JUDGE GARY R JONES on 12/20/2011. (Forwarded to USMS & Deputy General Counsel for processing: issued summons, service copies of 17 , and this order) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DERREL THOMAS, JR.,
Plaintiff,
vs.

Case No: 4:11-cv-46-MP-GRJ

JORAM PEREZ,
OFFICER BRADSHAW, and
OFFICER BOCCACCIO,
Defendants.
_______________________________/
ORDER
This case is before the Court on Doc 20, an unexecuted summons for Defendant
Officer Bradshaw that was returned with a notation that Officer Bradshaw is now
employed at Jefferson Correctional Institution (“Jefferson C.I.”) and Doc. 21, an
unexecuted summons for Defendant Joram Perez that was returned with a notation that
Perez no longer works for the Florida Department of Corrections. Because Defendant
Perez remains to be served, the Court will direct the Florida Department of Corrections
to notify the Court whether there is a forwarding address for Defendant Perez and, if so,
to provide that address in confidence to the United States Marshals Service. Similarly,
the Court will also order that Defendant Officer Bradshaw be served at Jefferson C.I.
Accordingly, it is hereby ORDERED:
1.

The Clerk shall issue summonses for Defendants Perez and Officer
Bradshaw indicating each Defendant has 60 days in which to file a
response to the complaint.

2.

The Clerk shall send the summons for Defendant Perez, a copy of this
order, and a copy of the First Amended Complaint (Doc. 17), to
Alexandria Walters, Assistant General Counsel for the Department of
Corrections, 501 S. Calhoun Street, Tallahassee, FL 32399-2500.

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3.

The Office of the General Counsel for the Department of Corrections shall
have thirty (30) days from the date of this Order within which to: (1)
inform the USMS office in Gainesville in confidence of the last known
address of Defendant Perez; or (2) enter an appearance on behalf of
Defendant Perez; or (3) advise the Court that neither alternative is
possible. If the address is provided to the USMS, the Assistant General
Counsel shall file an appropriate notice with the Court. In such event,
the Assistant General Counsel shall also forward to the USMS the
copy of this order, the summons, and the service copy of the
complaint. The USMS shall protect the confidentiality of any address
provided by the Department of Corrections as required by Florida
law, and shall not disclose any such information on any document
filed with the Court. Upon the filing of such notice, the Court will issue
further instructions for service of process.

4.

Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Darlene
Lumpkin is specially appointed to serve process upon Defendant Officer
Bradshaw at the Jefferson Correctional Institution, a facility within the
Florida Department of Corrections. In the absence of Darlene Lumpkin,
the specially appointed process server designated above, Claudene Hall
is designated as an alternate server and shall comply with this Order as
though issued in her name.

5.

The Clerk shall send the summons prepared for Officer Bradshaw to the
United States Marshal, along with a copy of Plaintiff's First Amended
Complaint (Doc. 17) and this Order.

6.

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
Defendant Bradshaw. 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.

7.

Within 10 days after receipt of the complaint and this order, Darlene
Lumpkin shall serve the First Amended Complaint upon Officer
Bradshaw, complete and sign the return of service, and return it to the
Clerk of Court as proof of service. Defendant Officer Bradshaw shall
also sign the return of service as an acknowledgment of receipt of
service.

DONE AND ORDERED this 20th day of December 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 4:11-cv-46-MP-GRJ