Mabie v. United States Marshals Service et al

Filing 20

MEMORANDUM AND ORDER, re: the Court to direct issuance and service of process. Signed by Judge J. Phil Gilbert on 7/12/2018. (jdh)

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

Case No. 18-cv-1276-JPG-SCW

UNITED STATES MARSHAL’S SERVICE,
ALTON CITY JAIL and SAINT LOUIS
METROPOLITAN POLICE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. Plaintiff William
Mabie was granted leave to proceed in forma pauperis, so he 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).
Accordingly, 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 UNITED STATES
MARSHALS SERVICE, 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 the
Defendant UNITED STATES MARSHALS SERVICE 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 Stephen C.
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 SO ORDERED.
DATED: July 12, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE