White v. Office of the Federal Defender

Filing 8

MEMORANDUM AND ORDER, 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 Plaintiffs behalf, a summons and form USM-285 for service of process on defendant OFFICE OF THE FEDERAL DEFENDER FOR THE MIDDLE DISTRICT OF FLORIDA and to issue a completed summons. Signed by Judge J. Phil Gilbert on 6/19/2017. (jdh)

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

Case No. 16-cv-971-JPG-DGW

OFFICE OF THE FEDERAL DEFENDER FOR
THE MIDDLE DISTRICT OF FLORIDA,
Defendant.
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
September 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 defendant OFFICE OF THE FEDERAL DEFENDER
FOR THE MIDDLE DISTRICT OF FLORIDA and to issue a completed summons. 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
defendant OFFICE OF THE FEDERAL DEFENDER FOR THE MIDDLE DISTRICT OF
FLORIDA 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 Defendant, 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.
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).
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 19, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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