Decker v. Frakes et al

Filing 54

MEMORANDUM AND ORDER regarding Amended Complaint, 53 filed by Christopher Decker. Plaintiff's RLUIPA, First Amendment, and equal-protection claims, as set forth in the Amended Complaint may proceed to service of process against Defendants Tarn Davis, Marilyn Asher, Ed Bevan, Ed Price, Tim Kramer, Randy Bartfelt, J. Epp, Diane Lytle, Chuck Glenn, and David Graumann in their official and individual capacities. The clerk of court shall send Plaintiff ten copies of the Amended Complaint, ten copies of this Memorandum and Order, twenty summons forms, and twenty USM 285 Forms for service on Defendants in their individual and official capacities. Federal Rule of Civil Procedure 4(m) requires service of a complaint upon a defendant wi thin 90 days of filing the complaint. However, Plaintiff is granted, on the court's own motion, an extension of time until 120 days from the date of this order to complete service of process. If requested to do so in this matter, the United St ates Marshal will serve all process in this case without prepayment of fees. In making such a request, Plaintiff must complete the USM 285 forms to be submitted to the clerk of the court with the completed summons forms. Without these documents, the United States Marshal will not serve process. Upon receipt of the completed forms, the clerk of the court will sign the summons forms and forward them to the United States Marshal for service on Defendants, with copies of the Amended Complaint. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER DECKER,
Plaintiff,
V.
SCOTT FRAKES, et al.,
Defendants.

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4:15CV3113

MEMORANDUM
AND ORDER

On August 2, 2016, the court found that several of Plaintiff’s claims could
proceed to service of process. (Filing No. 39.) However, because Plaintiff
collectively referred to certain defendants in his Complaint as “Religious Studies
Committee Members,” the court directed Plaintiff to file an amended complaint
identifying the members of the committee by name. (Filing No. 46.) Plaintiff
complied with this request by filing an Amended Complaint naming Tarn Davis,
Marilyn Asher, Ed Bevan, Ed Price, Tim Kramer, Randy Bartfelt, J. Epp, Diane Lytle,
Chuck Glenn, and David Graumann as additional Defendants. (Filing No. 53.) These
individuals are sued in their official and individual capacities.
Having reviewed the Amended Complaint, and for the reasons previously
stated,
IT IS ORDERED that:
1.

Plaintiff’s RLUIPA, First Amendment, and equal-protection claims, as
set forth in the Amended Complaint (Filing No. 53), may proceed to
service of process against Defendants Tarn Davis, Marilyn Asher, Ed
Bevan, Ed Price, Tim Kramer, Randy Bartfelt, J. Epp, Diane Lytle,
Chuck Glenn, and David Graumann in their official and individual
capacities.

2.

The clerk of court shall send Plaintiff ten copies of the Amended
Complaint (Filing No. 53), ten copies of this Memorandum and Order,
twenty summons forms, and twenty USM 285 Forms for service on
Defendants in their individual and official capacities.

3.

Federal Rule of Civil Procedure 4(m) requires service of a complaint
upon a defendant within 90 days of filing the complaint. However,
Plaintiff is granted, on the court’s own motion, an extension of time until
120 days from the date of this order to complete service of process.

4.

If requested to do so in this matter, the United States Marshal will serve
all process in this case without prepayment of fees. In making such a
request, Plaintiff must complete the USM 285 forms to be submitted to
the clerk of the court with the completed summons forms. Without these
documents, the United States Marshal will not serve process. Upon
receipt of the completed forms, the clerk of the court will sign the
summons forms and forward them to the United States Marshal for
service on Defendants, with copies of the Amended Complaint.

2.

The clerk of court is directed to set the following pro se case
management deadline: February 15, 2017, check for service of process.

DATED this 18th day of October, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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