Gunther v. Neff

Filing 10

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint, pursuant to the service agreement the Court maintains with Corizon, as to defendant Stacey Neff. Signed by Magistrate Judge Noelle C. Collins on 12/12/2016. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DISTRICT

REX GUNTHER,
Plaintiff,
v.
DR. STACEY NEFF,
Defendant.

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No. 4:16CV1606 NCC

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. On October 6, 2016, plaintiff
Rex Gunther, a civilly committed person proceeding pro se, brought this action pursuant to 42
U.S.C. § 1983 for injunctive relief against Dr. Stacey Neff. Plaintiff neither paid the required
civil filing fee nor moved for leave to proceed in forma pauperis at that time. On October 19,
2016, the Court directed plaintiff to either move for leave to proceed in forma pauperis, or pay
the required civil filing fee (Doc. 3). On November 4, 2016, plaintiff paid the required civil
filing fee. On November 15, 2016, the Court, liberally construing plaintiff’s pro se complaint,
determined that plaintiff has asserted claims under his First Amendment rights of free speech to
send and receive mail. The Court, therefore, directed plaintiff to attempt to effect service on
defendant, but that, if he could not do so, plaintiff could move the Court to direct the U.S.
Marshal to serve process. On November 28, 2016, plaintiff filed a “Response to Memorandum
and Order dated 15th day of November, 2016” (Doc. 9) in which he requests the Court allow the
U.S. Marshal to serve process on defendant because of certain mail and phone restrictions. As
Dr. Neff appears to be an employee of Corizon, LLC, pursuant to Federal Rule of Civil
Procedure 4(c)(3),

IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue
upon the complaint, pursuant to the service agreement the Court maintains with Corizon, as to
defendant Stacey Neff.
Dated this 12th day of December, 2016.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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