Henson v. Department of Health and Human Services et al

Filing 10

ORDER DENYING WITHOUT PREJUDICE 3 4 5 6 7 8 and 9 . Signed by Magistrate Judge Donald G. Wilkerson on 9/2/14. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
DEPARTMENT OF HEALTH AND HUMAN)
SERVICES,
FOOD
&
DRUG)
ADMINISTRATION,
FEDERICK
J.)
)
SADLER, and SARAH KOTLER,
)
)
Defendants.
J. DONALD HENSON, SR.,

Case No. 3:14-cv-908-DRH-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motions to Compel (Docs. 4, 5, 6, 7, 8, 9) and the
Motion for Service of Process at Government Expense (Doc. 3) filed by Plaintiff, J. Donald
Henson, Sr., on August 19, 2014. The Motions are DENIED WITHOUT PREJUDICE.
Federal Rule of Civil Procedure 4(c)(1) provides that “plaintiff is responsible for having
the summons and complaint served within the time allowed by Rule 4(m).” Rule 4(c)(3) further
provides that the Plaintiff may request service by the United States Marshal (or Deputy Marshal)
and that such service must be ordered if Plaintiff is proceeding in forma pauperis pursuant to 28
U.S.C. § 1915. Plaintiff is not proceeding in forma pauperis in this matter (he has paid the filing
fee); service by the United States Marshal is not mandatory. Therefore, the decision to order
service by the United States Marshal is discretionary. See Koger v. Bryan, 523 F.3d 789, 803 (7th
Cir. 2008). Plaintiff has offered no reason why he cannot effect service upon Defendants through
the procedures located in Rule 4. Therefore, the United States Marshal will not be directed to

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serve Defendants.
As to Plaintiff’s Motions to Compel, Defendants have not been served nor have they
entered an appearance. When they are served and when they enter an appearance, discovery will
commence as provided by Federal Rule of Civil Procedure 26. Because Plaintiff is proceeding
pro se, he is encouraged to study the Federal Rules of Civil Procedure and the Pro Se Litigant
Guide which can be acquired from the Clerk of Court or from the Court’s webpage.
For the foregoing reasons, Plaintiff’s Motions (Docs. 3, 4, 5, 6, 7, 8, 9) are DENIED
WITHOUT PREJUDICE
IT IS SO ORDERED.
DATED: September 2, 2014

DONALD G. WILKERSON
United States Magistrate Judge

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