Wombles v. Boone County Detention Center et al

Filing 17

MEMORANDUM OPINION & ORDER: It Is Hereby Ordered as follows: 1. Plaintiff's Motion to Amend 8 is GRANTED and the Complaint is amended to add the allegations against Sheri Bruce and Aaron Schawlkers. 2. The Clerk in the divisional offic e in which the case lies shall prepare and issue summons for the Boone County Detention Center's Sgt. Sheri Bruce and Deputy Aaron Schawlkers, in their official and individual capacities. 3. The Clerk shall also prepare as many copies of the Co mplaint and the Amendment 2 and 8 as there are summonses, an equal number of copies of the instant Order, any required United States Marshal (USM) Forms 285 or other documents necessary to effecutate service. If insufficient information exists t o sufficiently or effectively complete any summons or other forms regarding any Defendant, the Clerk shall promptly make a Clerk's entry on the docket stating the reason that the Clerk cannot fill out the summons or USM Form 285 or any other doc ument. 4. After the Clerk's office has prepared the summonses, USM Form 285, Complaint and Amendment copies, copies of this Order, and/or any other documents necessary to effectuate service, a Deputy Clerk shall send said documents to the USM Office in Lexington, Kentucky. 5. The Clerk shall docket the mailing or other means of delivery of the of the above-described documents to the USM in the instant record. 6. The United States Marshal shall serve a summons, Complaint and amendment co pies, and a copy of this Order on each of the newly named Defendants and shall do so by certified mail, return receipt requested, or by personal service, at the choice of the USM. 7. The USM Office is responsible for ensuring that each Defendant is s uccessfully served with process. In the event that an attempt at service upon either Defendant is unsuccessful, the USM Office shall make further attempts and shall ascertain such information as is necessary to ensure successful service. 8. Within forty (40) days of the date of entry of this Order, the United States Marshal shall make a Return Report to the court of whether each summons is executed or is still unexecuted... 9. Defendants Bruce and Schawlkers shall file an Answer to the Plaintiff's Complaint and Amendment within 20 days of service of process. Signed by Judge William O. Bertelsman on 10/1/2008.(JMM)cc: COR