DIMANCHE v. JOHNSON et al

Filing 17

ORDER re 16 Unexecuted summonses: Clerk shall issue summonses for Defendants, TAMERA POYNTER and K SEAGO indicating each has 60 days to file a response to 7 First Amended Complaint. Clerk to refer Dft Poynter summons w/amended complaint and order to USMS for service. Clerk to send summons, copy of order and amended complaint for Dft K Seago to Florida General Counsel. (Notify Chambers on 2/25/2013.). Signed by MAGISTRATE JUDGE GARY R JONES on 1/24/2013. (jws)(Copies and forms provided as noted in order.) Modified on 1/25/2013 to correct AR date.(jws).

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

Case No: 4:12-cv-267-SPM-GRJ

P.K. JOHNSON, et al.,
Defendants.
_______________________________/
ORDER
This case is before the Court on Doc 16, unexecuted summonses for
Defendants Tamera Poynter and K. Seago. Defendant Poynter’s summons was
returned with a notation that Defendant Poynter is no longer employed at Madison
Correctional Institution but is now employed Polk C.I. Defendant Seago’s summons
was returned with a notation that she has retired. Because both Defendants remain to
be served, the Court will direct that Defendant Poynter be served at Polk C.I. and will
direct the Florida Department of Corrections to notify the Court whether there is a
forwarding address for Defendant Sego and, if so, to provide that address in confidence
to the United States Marshals Service (“USMS”).

.

Accordingly, it is hereby ORDERED:
1.

The Clerk shall issue summonses for Defendants Poynter and Seago
indicating each has 60 days in which to file a response to the amended
complaint.

2.

Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Richard Grover
is specially appointed to serve process upon Defendant Tamera Poynter
at Polk C.I., a facility within the Florida Department of Corrections located
at 10800 Evans Road, Polk City, Florida, 33868.. In the absence of
Richard Grover, the specially appointed process server designated
above, Tina Roberts is designated as an alternate server and shall

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comply with this Order as though issued in her name.
3.

The Clerk shall refer the summons prepared for Tamera Poynter to the
United States Marshal, along with a copy of Plaintiff’s First Amended
Complaint (Doc. 7) and this Order.

4.

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 Amended Complaint, a summons, and this Order upon
Defendant Poynter. 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.

5.

Within 10 days after receipt of the complaint and this order, Richard
Grover shall serve the Amended Complaint upon Tamera Poynter,
complete and sign the return of service, and return it to the Clerk of
Court as proof of service. Defendant Tamera Poynter shall also sign
the return of service as an acknowledgment of receipt of service.

6.

The Clerk shall send the summons for Defendant K. Seago, a copy of this
order, and a copy of the Amended Complaint (Doc. 7), to Jennifer Parker,
General Counsel for the Department of Corrections, 501 S. Calhoun
Street, Tallahassee, FL 32399-2500.

7.

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 K. Seago; or (2) enter an appearance on behalf of
Defendant Seago; or (3) advise the Court that neither alternative is
possible. If the address is provided to the USMS, the General Counsel
shall file an appropriate notice with the Court. In such event, General
Counsel shall also forward to the USMS the copy of this order, the
summons, and the service copy of the Amended 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.

DONE AND ORDERED this 24th day of January 2013.

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

Case No: 4:12-cv-267-SPM-GRJ