Tremblay v. Mahoney et al

Filing 13

Order Directing Clerk to Serve defendant(s) and FINDINGS AND RECOMMENDATIONS. The Court will request Defendants Lapier, Foster, Connel, Bosses, Budd, Beason, Harris, and McNeil to waive service of summons. Waiver of Service of Summons is due within 3 0 days of this Order; if waiver is executed, an answer or other appropriate motion is due within 60 days of this Order. All claims against Defendants Thomas, Bouley, and Carroll based upon Plaintiff's placement on a behavior management plan; all claims for denial of mental health care against Defendants Buck, Praxell, and Scheafer; all claims for verbal harassment against Defendant Buck; and all claims against Defendant Mahoney should be DISMISSED WITH PREJUDICE ( Waiver of Service due by 1 2/14/2009, Notice of Appearance due by 1/12/2010, Objections to F&R due by 11/30/2009). Signed by Magistrate Keith Strong on 11/10/2009. Copy mailed to Tremblay. Documents forwarded to counsel for Mont. Dept. of Corrections as directed. (TAG, ) (Additional attachment(s) added on 11/10/2009: # 2 Notice and Waiver) (TAG, ).

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS TO: Legal Counsel for the Montana Department of Corrections P.O. Box 201301 Helena, MT 59620-1301 A lawsuit has been commenced by a pro se plaintiff against the following individuals: Greg Budd, Chris Connel, Officer Harris, Sgt. Foster, Sgt. Lapeir, K. Bosses, Cpt. McNeil, and Myron Beason. A copy the Complaint is attached to this notice. It has been filed in the United States District Court for the District of Montana, Civil Action No. CV-09-15-H-DWM-RKS. The Court has completed its pre-screening and concludes these Defendants must file a responsive pleading. See 42 U.S.C. § 1997e(c), (g)(2); 28 U.S.C. §§ 1915(e)(2), 1915A(a), (b). This is not a formal summons or notification from the Court, but rather a request that you sign and return the enclosed waiver of service in order to save the cost of service by the U.S. Marshal's Service. The cost of service will be avoided if you return the signed Waiver of Service of Summons within 30 days after the entry date reflected on the Notice of Electronic Filing of the "Order to Serve Complaint by Requesting Waiver of Service of Summons," which was served with this Notice. If you comply with this request and return the waiver to the Court, it will be filed with the Court and no summons will be served. The action will then proceed as if you had been served on the date the waiver is filed, except you must file an answer or appropriate motion before 60 days from the date the Order directing this Notice of Lawsuit and Request for Waiver of Service of Summons to be sent was entered as indicated on the Notice of Electronic Filing. If you do not wish to waive service on behalf of Defendants, please indicate this on the Waiver of Service of Summons form. The Court will, in turn, order the U.S. Marshal's Service to serve the complaint personally on Defendants and may impose the full costs of such service. /s/ Keith Strong Keith Strong United States Magistrate Judge

WAIVER OF SERVICE OF SUMMONS TO: The U.S. District Court for the District of Montana The following Defendants acknowledge receipt of your request that they waive service of summons in the following action: Tremblay v. Budd, et. al., Civil Action No. CV-09-015-H-DWM-RKS filed in the United States District Court for the District of Montana. Defendants have also received a copy of the Complaint. I am authorized by the following Defendants to agree to save the cost of service of a summons and an additional copy of the complaint in this action by not requiring that the following individuals be served with judicial process in the case provided by Fed.R.Civ.P. 4: ______________________________; _____________________________; ______________________________; _____________________________; ______________________________; _____________________________; The above-named defendants retain all defenses or objections to the lawsuits or to the jurisdiction or venue of the Court except for objections based on a defect in the summons or in the service of the summons. I understand judgments may be entered against the above-named defendants if an answer or motion under Fed.R.Civ.P. 12 is not served within 60 days after the date the Order directing the Notice of Lawsuit and Request for Waiver of Service of Summons to be sent was entered as indicated on the Notice of Electronic Filing.

I decline to waive service on behalf of the following defendants: ______________________________; _____________________________; ______________________________; _____________________________; ______________________________; _____________________________;

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______________________________ SIGNATURE ______________________________ PRINTED/TYPED NAME ______________________________ ______________________________ ADDRESS