Lofton v. Wiliams et al

Filing 14

ORDER directing the Clerk to forward a copy of plaintiff's complaint, motion to amend, report and recommendation and this Order to the USM for service on defendants. Signed by Magistrate Judge G. R. Smith on 4/15/16. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
SCOUTERRIOUS LOFTON,
Plaintiff,
v.
Case No. CV415-146
WARDEN STANLEY WILLIAMS;
and CERT OFFICER SANTIAGO,
Defendants.

ORDER
In this 42 U.S.C. § 1983 case, the Court recently adopted the
undersigned’s recommendation that several of plaintiff Scouterrious
Lofton’s claims be allowed to proceed (and that several others be
dismissed). Doc. 13 (adopting doc. 10). Because Lofton proceeds in

forma pauperis, service must be effected by the United States Marshal.
Fed. R. Civ. P. 4(c)(3).
Accordingly, the Clerk is DIRECTED to forward a copy of
plaintiff’s complaint (doc. 1); his motion to amend (doc. 9); the
undersigned’s preliminary review recommendation (doc. 10); and this
Order to the Marshal for service upon all defendants. In most cases, the

Marshal will first mail a copy of the complaint and its amendment to a
defendant by first-class mail and request that each defendant waive
formal service of the summons. Fed. R. Civ. P. 4(d); Local Rule 4.7.
Defendants have a duty to avoid unnecessary costs of serving the
summons, and if they fail to comply with the waiver request, they must
bear the costs of personal service unless good cause can be shown. Fed.
R. Civ. P. 4(d). A within-district defendant who timely returns the
waiver is not required to answer the complaint until thirty days after the
date that the Marshal sent the request for waiver. Fed. R. Civ. P. 4(d)(3).

SO ORDERED , this 14th day of April, 2016.

-fl--

-F

LTh11ED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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