Butler v. Brammlet

Filing 7

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Judge J. Phil Gilbert on 5/16/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENDRICK BUTLER, # M-03292,
Plaintiff,
vs.
BRAD BRAMMLET,
Defendant.

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Case No. 14-cv-537-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court for case management. On May 9, 2014, following the
Memorandum and Order entered in Butler v. Harrington, et al., Case No. 13-cv-1270-JPG (Doc.
1 in the instant case), this matter was severed from the original case. Plaintiff was given the
opportunity to voluntarily withdraw the instant claim for access to the courts (designated as
Count 3 in the original case) if he did not wish to incur the additional filing fee. On May 12,
2014, Plaintiff responded to confirm that he wants to proceed with this claim (Doc. 5). He has
been granted leave to proceed in forma pauperis. Accordingly, service shall be ordered on
Defendant Bramlett, and the matter shall be referred to a United States Magistrate Judge for
further consideration.
IT IS HEREBY ORDERED that the Clerk of Court shall prepare for Defendant
BRAMMLET (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons),
and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms,
a copy of the complaint, the Memorandum and Order at Doc. 1, and this Memorandum and
Order to the Defendant’s place of employment as identified by Plaintiff. If the Defendant fails to

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sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the
date the forms were sent, the Clerk shall take appropriate steps to effect formal service on the
Defendant, and the Court will require the Defendant to pay the full costs of formal service, to the
extent authorized by the Federal Rules of Civil Procedure.
If the Defendant cannot be found at the address provided by Plaintiff, the employer shall
furnish the Clerk with the Defendant’s current work address, or, if not known, the Defendant’s
last-known address. This information shall be used only for sending the forms as directed above
or for formally effecting service. Any documentation of the address shall be retained only by the
Clerk. Address information shall not be maintained in the court file, nor disclosed by the Clerk.
Plaintiff shall serve upon Defendant (or upon defense counsel once an appearance is
entered), a copy of every further pleading or other document submitted for consideration by the
Court. Plaintiff shall include with the original paper to be filed a certificate stating the date on
which a true and correct copy of any document was served on Defendant or counsel. Any paper
received by a district judge or magistrate judge that has not been filed with the Clerk or that fails
to include a certificate of service will be disregarded by the Court.
Defendant is 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 a United States
Magistrate Judge for further pre-trial proceedings.
Further, this entire matter is hereby REFERRED to the United States Magistrate Judge
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.
If judgment is rendered against Plaintiff, and the judgment includes the payment of costs

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under § 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).
Plaintiff is REMINDED that he is under a continuing 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: May 16, 2014
s/J. Phil Gilbert
United States District Judge

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