JACKSON v. FROMM

Filing 5

ORDER OF SPECIAL APPOINTMENT; SERVICE PROCESS UPON DEFENDANT; AND NOTICE TO PLAINTIFF re 1 Complaint filed by DARRELL L JACKSON: Clerk directed to prepare and issue summons, indicating Defendant has 60 days following service to file response to Complaint, and refer summons, complaint and order to USMS for service. Clerk to forward form for consenting to trial by Magistrate Judge to Plaintiff. (Notify Chambers on 5/4/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 2/27/2012. (jws) (Per directions of order, Plaintiff and USMS furnished documents.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DARRELL L. JACKSON,
Plaintiff,
vs.

Case No: 5:11-cv-414-RS-GRJ

H. FROMM, NURSE,
Defendant.
_______________________________/

ORDER OF SPECIAL APPOINTMENT; SERVICE OF PROCESS
UPON DEFENDANT; AND NOTICE TO PLAINTIFF
This case is before the Court on Doc. 1, a pro se civil rights complaint pursuant
to 28 U.S.C. § 1983. Plaintiff has been granted leave to proceed as a pauper by
separate order and the allegations against the Defendant are deemed sufficient to alert
the Defendant to the nature and basis of Plaintiff's claim. This Order directs service of
the Complaint on Plaintiff’s behalf.
Accordingly, it is ORDERED:
1. The Clerk shall print a copy of the Complaint and prepare and issue the
summons, indicating that Defendant has sixty (60) days following service in which to
file a response to the Complaint, and shall refer the summons to the United States
Marshal, along with the copy of Plaintiff's Complaint (Doc. 1) and this Order.

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2. Pursuant to Rule 4(c), Federal Rules of Civil Procedure, Christon Holley is
specially appointed to serve process upon Defendant Nurse H. Fromm at the
Northwest Florida Reception Center, a facility within the Florida Department of
Corrections. In the absence of Christon Holley, the specially appointed process server
designated above, Lori English is designated as an alternate server and shall comply
with this Order as though issued in her name.
3. 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 Complaint,
a summons, and this Order upon the 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.
4. Within 10 days after receipt of the complaint and this order, Christon Holley
shall serve the Complaint upon the individual named above, complete and sign the
return of service, and return it to the Clerk of Court as proof of service. Defendant
shall also sign the return of service as an acknowledgment of receipt of service.
5. If the Defendant is no longer employed at the designated institution or facility,
or are otherwise unable to be served, the server 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 twenty (20) days from the
date of this order, the Clerk of Court shall immediately notify Chambers.

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6. Defendant shall have 60 days after service in which to file a response to the
Complaint.
7. No motion for summary judgment shall be filed by any party prior to entry of
an Initial Scheduling Order without permission of the Court.
8. Counsel for Defendant shall file a notice of appearance within 10 days of the
date of service.
9. 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.
10. 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
Defendant. If the Defendant wishes to consent, the form should be signed and
returned to the Clerk.
11. After a notice of appearance has been filed, Plaintiff shall be required to mail
to the attorney for the 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 the attorney representing

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the 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.
12. 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.
13. The Clerk of Court shall return this file to the undersigned no later than May
4, 2012.
DONE AND ORDERED this 27th day of February 2012.

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