White v. Department of Justice et al

Filing 13

MEMORANDUM AND ORDER, re: service. The Court DIRECTS the Clerk of Court to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on each defendant, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE and FEDERAL BUREAU OF PRISONS, and to issue completed summonses. The Clerk shall provide the United States Marshal all necessary materials and copies for service. Signed by Judge J. Phil Gilbert on 6/12/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM A. WHITE,
Plaintiff,
v.

Case No. 16-cv-948-JPG-DGW

DEPARTMENT OF JUSTICE, FEDERAL
BUREAU OF INVESTIGATION, UNITED
STATES MARSHALS SERVICE and
FEDERAL BUREAU OF PRISONS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. It has come to the
Court’s attention that plaintiff William A. White was granted leave to proceed in forma pauperis in
October 2016, but that the Court made no provision for issuance and service of process. Having
been granted leave to proceed in forma pauperis, White is entitled to rely on the Court to direct
issuance and service of process. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3). Needless to
say, service has not been accomplished within the 120-day time limit set forth in the version of
Federal Rule of Civil Procedure 4(m) in effect when White filed this case.
Because White is not at fault for failing to achieve service within the time limit set forth in
Rule 4(m), the Court finds there is good cause for the delay in service. Accordingly, the Court
ORDERS that White shall have 90 days, the period provided for service under the current version
of Rule 4(m), from entry of this order to service process in this case.
The Court DIRECTS the Clerk of Court to complete, on Plaintiff’s behalf, a summons and
form USM-285 for service of process on each defendant, DEPARTMENT OF JUSTICE,
FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE

and FEDERAL BUREAU OF PRISONS, and to issue completed summonses. The Clerk shall
provide the United States Marshal all necessary materials and copies for service.
The United States Marshal SHALL, within 90 days of the date of this order, serve
Defendants DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION,
UNITED STATES MARSHALS SERVICE and FEDERAL BUREAU OF PRISONS
pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure by sending a copy of the summons
and complaint to the agency by registered or certified mail.
In addition, pursuant to Federal Rule of Civil Procedure 4(i)(1), the United States Marshal
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 and the complaint; 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 and the
complaint. All costs of service shall be advanced by the United States.
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).

2

Further, this entire matter is REFERRED to United States Magistrate Judge Donald G.
Wilkerson 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 SO ORDERED.
DATED: June 12, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

3