Daniels v. Allen et al

Filing 24

ORDER granting in part 11 Report and Recommendations and sustains in part Plaintiff's objections regarding claims of deliberate indifference to safety as to his dorm assignment against Defendants Jackson and Hutchinson, and those claims shall proceed. The Court overrules all other portions of Plaintiff's objections and adopts the R&R as amended herein as the Court's opinion. The USMS is directed to serve Defendant Hutchinson with a copy of Plaintiff's 10 Second Amended Complaint, 11 R&R, and this Order. Signed by Chief Judge J. Randal Hall on 03/07/2018. (Attachments: # 1 USM Form-Hutchinson) (jlh)

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USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below. U.S. Department of Justice United States Marshals Service PROCESS RECEIPT AND RETURN PLAINTIFF COURT CASE NUMBER XAVIER DANIELS CV 617-045 DEFENDANT TYPE OF PROCESS WARDEN MARTY ALLEN, et al. { NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN SERVE AT Hutchinson, Unit Manager ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) Georgia State Prison, 2164 Hwy. 147, Reidsville, GA 30499 SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW 3 Number of parties to be served in this case Xavier Daniels (1000421481) Georgia State Prison Inmate 2164 Ga. Highway 147 Reidsville, GA 30499 Number of process to be served with this Form 285 1 Check for service on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Available for Service): Fold Fold Plaintiff is pro se. Signature of Attorney other Originator requesting service on behalf of: Scott L. Poff, Clerk ✘ PLAINTIFF DEFENDANT TELEPHONE NUMBER DATE 706.849.4400 3/7/2018 SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 if more than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. Signature of Authorized USMS Deputy or Clerk Date I hereby certify and return that I have personally served , have legal evidence of service, have executed as shown in "Remarks", the process described on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below. I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (if not shown above) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time am pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S. Marshal* or (Amount of Refund*) REMARKS: PRINT 5 COPIES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment, if any amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/15/80 Automated 01/00 INSTRUCTIONS FOR SERVICE OF PROCESS BY U.S. MARSHAL Please type or print legibly, insuring readability of all copies. DO NOT DETACH ANY COPIES. Submit one complete set of this form (USM-285) and one copy of each writ for each individual, company, corporation, etc., to be served or property to be seized or condemned. The applicable fees for such service(s) (T28, USC Sec. 1921 establishes the fees for service of process by the U.S. Marshal) may be required prior to said service. For service of any process upon an officer or agent of the United States Government, submit a copy of the writ and a set of Form USM-285 for each officer or agent upon whom service is desired. Submit three (3) additional copies of the writs for service upon the Government of the United States. The U.S. Marshal will serve one (1) upon the U.S. Attorney and will forward two (2) to the Attorney General of the United States. (When the applicable box is checked, completion of the final signature block by the U.S. Marshal or his Deputy always certifies service on the U.S. Attorney and the Attorney General, regardless of whether other defendants on the writ were served.) Failure to provide any of the copies will delay service of the writ. Complete all entries above the double line. Mark all applicable check boxes and use the ''Special Instructions'' to advise of any information that will assist the U.S. Marshal in expediting service. It more than one writ and USM-285 is submitted on a single case, the U.S. Marshal will receipt for all of them on the first USM-285. You will receive for your records the last (No. 5) "Acknowledgment of Receipt" copy for all the USM-285 forms you submit. When the writ is served, you will receive the No. 3 Notice of Service copy. This copy will be identical to the return to the Clerk of the Court. Upon completion of all services (if the Marshals fees were not requested or tendered in advance or if additional fees are indicated), you will receive a ''Billing Statement'' (copy 4 of USM-285) from the United States Marshal. (NOTE: Copy 4 should be returned, by you, to the U.S. Marshal, together with your payment of the amount owed. Additional supplies of the USM-285 may be obtained from the Clerk of the U.S. District Court or U.S. Marshal, without cost.

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