MCLEAN v. US FEDERAL BUREAU OF PRISONS et al

Filing 141

ENTRY directing further proceedings; clerk designated to issue and serve process on Federal Bureau of Prisons (BOP, Marshal for this District shall serve summons with amended complaint and this entry; proceedings directed above do not represent a det ermination that the amended complaint has been screened as required by 28 U. S. C. § 1915 A(b) as to claims asserted against the BOP, but merely the court's determination that the issuance of process is appropriate at this time. Signed by Judge William T. Lawrence on 7/1/2010.(VS)

MCLEAN v. US FEDERAL BUREAU OF PRISONS et al

Doc. 141

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA WILLIAM SAMUEL MCLEAN, JR., Plaintiff, vs. FEDERAL BUREAU OF PRISONS, Defendant. ) ) ) ) ) ) ) )

2:08-cv-128-WTL-WGH

Entry Directing Further Proceedings The clerk is designated, pursuant to Fed. R. Civ. P. 4(c), to issue and serve process on the Federal Bureau of Prisons ("BOP"). Process shall consist of a summons. Because McLean is proceeding under the theory recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), personal service is required. Robinson v. Turner, 15 F.3d 82 (7th Cir. 1994). The Marshal for this District or his Deputy shall serve the summons, together with a copy of the amended complaint, filed on May 6, 2009 (dkt 51), and a copy of this Entry, on the defendant pursuant to Fed. R. Civ. P. 4(i)(2), at the expense of the United States. The proceedings directed above do not represent a determination that the amended complaint has been screened as required by 28 U.S.C. § 1915A(b) as to claims asserted against the BOP, but are merely the court's determination that the issuance of process is appropriate at this time. IT IS SO ORDERED.

Date: 07/01/2010 Distribution: Jeffrey L. Hunter UNITED STATES ATTORNEY'S OFFICE [e-mail] William Samuel McLean Reg No 04259-078 FCI Phoenix 37910 N 45th Ave Phoenix, AZ 85086

_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

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