Rhine v. Cross et al

Filing 14

ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. The Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on Defendants Zelda Bell, Lt Kirby, C/O Robinson-Taylor, and Rosalind Robinson; the Clerk shall issue the completed summons. Signed by Judge Michael J. Reagan on 9/17/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TRACY RHINE,
Plaintiff,
vs.
JAMES CROSS, W A SHERROD,
CHRISTINA MCKINNEY, ZELDA BELL,
LT KIRBY, C/O ROBINSON-TAYLOR,
C/O GUITEREZ, C/O CHAMBERS,
ALLISON MCCAMMACK, ROSALIND
ROBINSON and LT HUTCHCRAFT,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 3:12-cv-00211-MJR

MEMORANDUM AND ORDER
Reagan, District Judge:
Plaintiff has brought this pro se civil rights action pursuant to Bivens v. Six Unknown
Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Court screened the
complaint on August 16, 2012 pursuant to its authority in 28 U.S.C. § 1915A. See Doc. 11. In
that order, Plaintiff was directed to inform the Court within 30 days if she did not wish to pursue
this case or any of the newly severed cases. See id. Plaintiff has not contacted the Court within
the 30 day timeframe. Accordingly, the Clerk will now be directed to prepare service for the
Defendants in this case.
Disposition
The Clerk of Court is DIRECTED to complete, on Plaintiff’s behalf, a summons and
form USM-285 for service of process on Defendants Zelda Bell, Lt Kirby, C/O Robinson-Taylor,
and Rosalind Robinson; the Clerk shall issue the completed summons. The United States
Marshal SHALL serve Defendants Zelda Bell, Lt Kirby, C/O Robinson-Taylor, and Rosalind

1

Robinson pursuant to Rule 4(e) of the Federal Rules of Civil Procedure.1 All costs of service
shall be advanced by the United States, and the Clerk shall provide all necessary materials and
copies to the United States Marshals Service.
In addition, pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1)
personally deliver to or send by registered or certified mail addressed to the civil-process clerk at
the office of the United States Attorney for the Southern District of Illinois a copy of the
summons, the complaint, and this Memorandum and Order; and (2) send by registered or
certified mail to the Attorney General of the United States at Washington, D.C., a copy of the
summons, the complaint, and this Memorandum and Order.
It is FURTHER ORDERED that Plaintiff shall serve upon Defendants, or if an
appearance has been entered by counsel, upon that attorney, a copy of every pleading or other
document submitted for consideration by this Court. Plaintiff shall include with the original
paper to be filed a certificate stating the date that a true and correct copy of the document was
mailed to each defendant or counsel. Any paper received by a district judge or a magistrate
judge which has not been filed with the Clerk or which fails to include a certificate of service
will be disregarded by the Court.
Defendants are ORDERED to timely file an appropriate responsive pleading to the
complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States Magistrate
Judge Williams for further pre-trial proceedings.
1

Rule 4(e) provides, “an individual – other than a minor, an incompetent person, or a
person whose waiver has been filed – may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made; or (2) doing
any of the following: (A) delivering a copy of the summons and of the complaint to the
individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of
abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of
each to an agent authorized by appointment or law to receive service of process.”
2

Further, this entire matter is REFERRED to United States Magistrate Judge Williams for
disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the
parties consent to such a referral.
IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the
judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the
full amount of the costs, notwithstanding that his application to proceed in forma pauperis has
been granted. See 28 U.S.C. § 1915(f)(2)(A).
Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for
leave to commence this civil action without being required to prepay fees and costs or give
security for the same, the applicant and his or her attorney were deemed to have entered into a
stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court,
who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff.
Local Rule 3.1(c)(1)
Finally, Plaintiff is ADVISED that she is under an obligation to keep the Clerk of Court
and each opposing party informed of any change in his address; the Court will not independently
investigate his whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply with this order will cause a delay
in the transmission of court documents and may result in dismissal of this action for want of
prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: September 17, 2012.

s/ Michael J. Reagan
Michael J. Reagan
United States District Judge

3