Zuck v. Peart et al

Filing 15

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's claims against Mario Peart, Diane Sabatka-Rine, Robert Houston, Janet Boyer, Charles Glenn, Tanya Dana, Mr. Dorton, Salvador Cruz, Robert Madsen, and Frank Hopkins may proceed t o service as they relate to Plaintiff's allegations that (1) these Defendants' refusal to provide him with a fasting meal violates his religious rights in violation of the First and Fourteenth Amendments, and the Religious Land Use and In stitutionalized Persons Act, (2) these Defendants' refusal to provide him with a fasting meal violates his equal protection rights, and (3) these Defendants have deprived him of nutritionally adequate food. Plaintiff's claims that he has been denied a religious diet because Defendants (1) refuse to supply him with a diet that complies with the Word of Wisdom, (2) refuse to inform him of which canteen items comply with the Word of Wisdom, and (3) refuse to give him advance notice of which menu items comply with the Word of Wisdom are dismissed without prejudice for failure to state a claim upon which relief may be granted. Accordingly, Plaintiff's claims against the following Defendants are dismissed in their entirety: K eefe Group, H.J. Heinz Co., Carriage House Companies, Portion Pac, and Unknown Number of Companies. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send 10 summons forms and 10 USM-285 forms to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. I n the absence of the forms, service of process cannot occur. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Complaint and Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and the Complaint and Amended Complaint without payment of costs or fees. Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and Nebraska law in the discretion of the Mars hal. The Clerk of the court will copy the Complaint and Amended Complaint, and Plaintiff does not need to do so. Plaintiff is hereby notified that failure to obtain service of process on a defendant within 120 days of the date of this order may res ult in dismissal of this matter without further notice as to such defendant. A defendant has 21 days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of Court is directed to set a pro se case management deadlin e in this case with the following text: "January 6, 2014: Check for completion of service of summons." The parties are bound by the Federal Rules of Civil Procedure and by the Local Rules of this court. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with Summons and 285 Forms)(TCL )