Jones v. Jackson et al

Filing 11

OPINION AND ORDER ADOPTING the Magistrate Judge's 5 Non-Final Report and Recommendations and GRANTING the Plaintiff's 9 Motion to Have the USM Serve Summons Upon Defendant Jerry Conners. The Plaintiff's First Amendment Free E xercise claim is hereby DISMISSED against Defendant Jackson, and Plaintiff's First Amendment Free Exercise claim is ALLOWED TO PROCEED against Defendant Conners. The Clerk is DIRECTED to send Plaintiff 1 copy of each of the following forms f or Defendant Conners: USM 285 form, summons, and an initial disclosures form. Plaintiff is DIRECTED to complete each form and to return said forms within twenty (20) days from the entry date of this Order. Plaintiff is warned that failure to compl y in a timely manner could result in the dismissal of this civil action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of the forms by the Clerk, the Clerk is DIRECTED to prepare a serv ice waiver package for Defendant Conners. In the event Defendant does not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is DIRECTED to prep are and transmit to the USM a service package for Defendant. Upon receipt of the service packages, the USM is DIRECTED to personally serve the Defendant who failed to waive service. The executed waiver form or the completed USM 285 form shall be f iled with the Clerk. Plaintiff is also REQUIRED TO KEEP the Court and Defendant advised of his current address at all times. Plaintiff is admonished that the failure to do so may result in the dismissal of this action. Signed by Judge Amy Totenberg on 7/10/2018. (sap)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
BRANDON RUSSELL JONES,
Plaintiff,
v.
THEODORE “TED” JACKSON, and
JERRY CONNERS,
Defendants.

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CIVIL ACTION NO.
1:18-cv-118-AT-JKL

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation [Doc. 5] that Plaintiff’s First Amendment Free Exercise claim
against Defendant Jackson be dismissed, and that the claim against Defendant
Conners be allowed to proceed.
No objections have been filed in response to the Magistrate Judge’s Report
and Recommendation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and
Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the
Magistrate Judge’s Recommendation for clear error and finds none. Accordingly,
the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the
opinion of the Court. For the reasons stated in Magistrate Judge’s Report and
Recommendation:

(a) Plaintiff’s First Amendment Free Exercise claim is DISMISSED
against Defendant Jackson, and
(b) Plaintiff’s First Amendment Free Exercise claim is allowed to proceed
against Defendant Conners.
Plaintiff’s Petition to Show Cause to Have the U.S. Marshal To Serve
Summons Upon Defendant Jerry Conners [Doc. 9] is GRANTED.
The Clerk is DIRECTED to send Plaintiff 1 copy of each of the following
forms for Defendant Conners: USM 285 form, summons, and one initial
disclosures form.

Plaintiff is DIRECTED to complete the USM 285 form,

summons, and the initial disclosures form, and to return said forms within
twenty (20) days from the entry date of this Order. Plaintiff is warned
that failure to comply in a timely manner could result in the dismissal of this civil
action. The Clerk is DIRECTED to resubmit this action to the undersigned if
Plaintiff fails to comply. Upon receipt of the forms by the Clerk, the Clerk is
DIRECTED to prepare a service waiver package for Defendant Conners. The
service waiver package must include: two (2) Notices of Lawsuit and Request for
Waiver of Service of Summons (prepared by the Clerk), two (2) Waiver of Service
of Summons forms (prepared by the Clerk), an envelope addressed to the Clerk of
Court with adequate first class postage for use by Defendant for return of the
waiver form, one (1) copy of the complaint, one (1) copy of the initial disclosures

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form, and one (1) copy of this Order. The Clerk shall retain the USM 285 form
and the summons.
Upon completion of the service waiver packages, the Clerk is DIRECTED
to complete the lower portion of the Notice of Lawsuit and Request for Waiver
form and to mail the service waiver packages to Defendant. Defendant has a duty
to avoid unnecessary costs of serving the summons. If a Defendant fails to
comply with the request for waiver of service, that Defendant must bear the costs
of personal service unless good cause can be shown for failure to return the
Waiver of Service form. In the event Defendant does not return the Waiver of
Service form to the Clerk of Court within thirty-five (35) days following the
date the service waiver package was mailed, the Clerk is DIRECTED to prepare
and transmit to the U.S. Marshals Service a service package for Defendant if he
failed to return the waiver form. The service package must include the USM 285
form, the summons, one (1) copy of the complaint, one (1) copy of the initial
disclosure form, and one (1) copy of this Order. Upon receipt of the service
packages, the U.S. Marshals Service is DIRECTED to personally serve the
Defendant who failed to waive service.

The executed waiver form or the

completed USM 285 form shall be filed with the Clerk.
Plaintiff is DIRECTED to serve upon Defendant or Defendant’s counsel a
copy of every additional pleading or other document which is filed with the Clerk
of the Court. Each pleading or other document filed with the Clerk shall include a
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certificate stating the date on which an accurate copy of that paper was mailed to
Defendant or Defendant’s counsel. Plaintiff is also REQUIRED TO KEEP the
Court and Defendant advised of his current address at all times during the
pendency of this action. Plaintiff is admonished that the failure to do so may
result in the dismissal of this action.
IT IS SO ORDERED this 10th day of July, 2018.
_____________________________
Amy Totenberg
United States District Judge

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