BRUNO v. JONES

Filing 8

ORDER DIRECTING SERVICE re 1 Complaint filed by PAUL JOSEPH BRUNO - Docket shall reflect only two Defendants in this action: OFFICER WILLIAM JONES and CHIEF HEALTH OFFICER C.E. RICHARDSON. Clerk shall issue summons indicating D efendants have 60 days to file a response to complaint and refer summonses, service copies of complaint and order, and USM 285 forms to USMS for service. Clerk shall forward Plaintiff consent form for trial by magistrate judge. (Notify Chambers on 5/22/2013., Unexecuted/No Return Filed Deadline - by 4/8/2013.). Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 2/21/2013. (jws)(Copies provided as noted in order.)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

PAUL J. BRUNO,
Plaintiff,
vs.

Case No. 4:12cv624-SPM/CAS

OFFICER WILLIAM JONES,
and C.E. RICHARDSON,
Defendants.
/

ORDER DIRECTING SERVICE
Plaintiff, an inmate proceeding pro se and in forma pauperis, has filed a civil
rights complaint under 42 U.S.C. § 1983. Doc. 1. The complaint was reviewed
pursuant to 28 U.S.C. § 1915A and deemed sufficient to alert the Defendants to the
nature and basis of Plaintiff's claims. Doc. 6. Plaintiff was directed to provide service
copies of his complaint, doc. 1, and he has complied. Plaintiff has also provided a
supplement, doc. 7, in which he submits that he exhausted administrative remedies.
The supplement will not be served on the Defendants as it is not part of the complaint,
but Defendants are hereby advised of that filing.

Page 2 of 4

Accordingly, it is
ORDERED:
1. The docket shall reflect that there are two Defendants in this action: Officer
William Jones, and Chief Health Officer C.E. Richardson.
2. The Clerk shall issue summonses, indicating that Defendants have sixty (60)
days in which to file a response to the complaint, and refer the summonses to the
United States Marshals, along with the service copies of Plaintiff's complaint.
3. The Clerk shall also prepare and send the Marshal a copy of this order for
each of the named Defendants.
4. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, John Holtz is
specially appointed to serve process upon Defendants Officer William Jones, and
Chief Health Officer C.E. Richardson at the Jefferson Correctional Institution, a
facility within the Florida Department of Corrections. In the absence of John Holtz, the
specially appointed process server designated above, James Speights is designated
as an alternate server and shall comply with this order as though issued in her name.
5. Within 30 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 civil rights
complaint, a summons, and this order upon each Defendant. 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.
6. Within 10 days after receipt of the complaint and this order, John Holtz shall
serve the complaint upon the individuals named above, complete and sign the
Case No. 4:12cv624-SPM/CAS

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return of service, and return it to the Clerk of Court as proof of service. Defendants
shall also sign the return of service as an acknowledgment of receipt of service.
7. If any Defendant is no longer employed at the designated institution or facility,
or is otherwise unable to be served, John Holtz shall report this information to the Clerk
of Court within 10 days after receipt of the complaint and this order. If service is
returned unexecuted, or if a return is not filed within forty-five (45) days from the date of
this order, the Clerk of Court shall immediately notify Chambers.
8. Defendants shall have 60 days in which to file a response to the complaint.1
9. No motion for summary judgment shall be filed by any party prior to entry of
an Initial Scheduling Order without permission of the Court.
10. Counsel for Defendants shall file a notice of appearance within thirty (30)
days of the date of service.
11. Plaintiff is advised that after a response to the complaint has been filed, no
further amendments to the complaint shall be permitted by the Court unless, as
required by Rule 15 of the Federal Rules of Civil Procedure, Plaintiff files a separate
motion for leave to so amend and provides a copy of the proposed amended complaint.
N.D. Fla. Loc. R. 15.1.
12. In accordance with 28 U.S.C. § 636(c)(2), the Clerk shall forward to Plaintiff
a form for consenting to trial by the magistrate judge, with the case number written on it.
If Plaintiff wishes to consent, the form should be signed and forwarded to counsel for

1

If service cannot be completed by using the special appointee process, and
personal service must be carried out, a defendant will have only 21 days in which to
respond to a complaint. FED . R. CIV. P. 12(a)(1)(A)(i).
Case No. 4:12cv624-SPM/CAS

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Defendants. If Defendants wish to consent, the form should be signed and returned to
the Clerk.
13. After a notice of appearance has been filed, Plaintiff shall be required to mail
to the attorney for each Defendant a copy of every pleading or other paper, including
letters, submitted for consideration by the Court. Plaintiff shall include with each
pleading, motion, or other paper to be filed with the Clerk of the Court a certificate
stating the date an identical copy of the paper was mailed to each Defendant or to the
attorney representing each Defendant. Any paper so submitted for filing that does not
contain a "certificate of service" shall be returned by the Clerk and disregarded by the
Court.
14. Plaintiff is reminded to keep the Clerk of Court advised of any change in his
mailing address should he be transferred, released from prison, or otherwise be
relocated. Failure to do so may result in the dismissal of Plaintiff's action for failure to
prosecute should court orders not be able to reach Plaintiff.
15. The Clerk of Court shall return this file to me no later than May 22, 2013.
DONE AND ORDERED on February 21, 2013.

S/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 4:12cv624-SPM/CAS