Allen v. Simon et al
PROCESS ORDER directing Clerk to issue process for Nurse Brown (Centurion Nurse) and Lola Nelson, and directing US Marshal to serve. Signed by Magistrate Judge Jane M. Virden on 6/3/2021. (cb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREGORY K. ALLEN, JR. (# 164049)
M.S.P. WARDEN SIMON, ET AL.
The court has reviewed the complaint in this case and finds that process should issue for
defendants Nurse Brown (Centurion Nurse) and Lola Nelson.
It is ORDERED:
The clerk of the court will issue process for Nurse Brown (Centurion Nurse) and
Lola Nelson, along with a copy of this order and the order permitting the plaintiff to proceed in
forma pauperis. The United States Marshal Service will serve process upon this defendant
under to 28 U.S.C. § 1915(d), using good faith efforts to identify and locate the proper person
and obtain service by all approved alternative means as provided by F.R.Civ.P. 4 and
Miss.R.Civ.P. 4 if service by mail is unsuccessful. If the defendant is located in another state,
the Marshal Service must obtain service by that state’s law governing service of process.
A scheduling order will be issued once the defendants have answered; the
plaintiff may not submit any discovery requests until the scheduling order has been entered.
In the event any damages or other moneys become payable to or for the benefit of
the plaintiff as a result of this litigation, whether by way of satisfaction of a judgment,
compromise settlement, or otherwise, the plaintiff remains liable to the United States for the
reimbursement of all court costs, fees and expenses which he has caused to be incurred in the
course of this litigation, and the United States will have a lien against any damages or other
moneys until the United States has been fully reimbursed for those court costs, fees and expenses
by payment of them into the court.
The plaintiff must acknowledge receipt of this order by signing the enclosed
acknowledgment form and returning it to the court within fourteen (14) days of this date.
The plaintiff’s failure to keep the court informed of his current address or to
comply with the requirements of this order may lead to dismissal of his lawsuit under Fed. R.
Civ. P. 41(b), for failure to prosecute and failure to comply with an order of the court.
SO ORDERED, this, the 3rd day of June, 2021.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?