Jackson-Alleyne v. SNF Holding Company/Chemtall
ORDER directing the Clerk and Marshal to comply with the instructions of this Order and 15 Order. Since defendant failed to waive service within 60 days following the 17 Notice of service, was mailed, the Clerk will prepare and transmit to the Marshal a service package. The service package must include the USM 285 form, the summon, and one copy of the 1 Complaint filed by Bernell Jackson-Alleyne. Signed by Magistrate Judge G. R. Smith on 3/24/17. (wwp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SNF HOLDING COMPANY/
In this pro se employment discrimination case, the Court granted
plaintiff Bernell Jackson-Alleyne leave to proceed in forma pauperis
(IFP), and implemented the Fed. R. Civ. P. 4 service procedure for IFP
litigants as deployed in Newton v. Food Lion, LLC , CV415-153, doc. 10
(S.D. Ga. Dec 9, 2015) and Simmons v. Five Star Quality Care, Inc .,
CV414-203, 2014 WL 6603759 at * 4 (S.D. Ga. Nov. 19, 2014), adopted ,
2015 WL 307003 (S.D. Ga. Jan. 23, 2015).1 Doc. 11. As explained then,
Jackson-Alleyne, once granted IFP status, was entitled to service by the U.S.
[28 U.S.C. §] 1915, entitled “Proceedings in forma pauperis,” instructs that
“[t]he officers of the court shall issue and serve all process, and perform all
duties in such cases.” 28 U.S.C. § 1915(d) (emphasis added). Federal Rule of
Civil Procedure 4(c), likewise, requires that “[t]he court must so order [service
to be made by a United States Marshal or deputy marshal] if the plaintiff is
the service process unfolds in stages, and the Court’s last Order directed
the Clerk to try Fed. R. Civ. P. 4(d)(1)(G), service-by-mail upon a
presumed registered agent for the defendant, SNF Holding
Company/Chemtal. Doc. 15 at 4-5.
The Clerk complied on January 13, 2017, doc. 17, yet there is no
response from the defendant. An earlier Order contemplated this result:
The defendant is under a duty to avoid unnecessary costs of
personally serving the summons. If it fails to comply with the
mailed request for waiver of service, it must bear the costs of
personal service unless good cause can be shown for failure to
return the Waiver of Service form. Should the defendant fail to
waive service within sixty (60) days following the date the service
waiver package was mailed (the Clerk shall docket that act), the
Clerk will prepare and transmit to the Marshal a service package.
The service package must include the USM 285 form, the
summons, and one (1) copy of the complaint, plus a copy of this
Order. The Marshal will then promptly serve the defendant. The
authorized to proceed in forma pauperis under 28 U.S.C. § 1915 . . . .” Fed. R.
Civ. P. 4(c)(3). “Together, Rule 4(c)(2) and 28 U.S.C. § 1915(c) stand for the
proposition that when a plaintiff is proceeding in forma pauperis the court is
obligated to issue plaintiff's process to a United States Marshal who must in
turn effectuate service upon the defendants, thereby relieving a plaintiff of the
burden to serve process once reasonable steps have been taken to identify for
the court the defendants named in the complaint.” Byrd v. Stone , 94 F.3d 217,
219 (6th Cir. 1996). See also Graham v. Satkoski , 51 F.3d 710, 712 (7th Cir.
1995) (“The Marshals Service is required to serve process on behalf of
individuals proceeding in forma pauperis .”).
Rance v. Rocksolid Granit USA, Inc ., 583 F.3d 1284, 1286-87 (11th Cir. 2009); see
also Tanne v. Comm’r of IRS, 2016 WL 5173243 at * 3 (D. Utah Sept. 21, 2016)
(“Rule 4(c)(3) requires the court to order a United States marshal, a deputy marshal,
or a person specially appointed by the court to effect service if the court grants the
plaintiff leave to proceed [IFP].”).
executed waiver form or the completed USM 285 form shall be filed
with the Clerk.
Doc. 11 at 4.
Sixty days have since elapsed, so the Court DIRECTS the Clerk
and Marshal to comply with the foregoing instructions, except that the
Clerk shall also transmit a copy of the Court’s January 12, 2017 Order to
SO ORDERED , 24th day of March, 2017.
tN1TED STATES MAGISTRATT =GE
SOUTHEIIT DISTFUCT OF GEORGIA
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