Williams v. Newton et al

Filing 22

MEMORANDUM AND ORDER - Plaintiff shall have until September 7, 2010, to complete service of process on the remaining Defendants. In the event that Plaintiff fails to complete service of process by that date, this matter will be dismissed without prej udice and without further notice. No additional extensions of time to complete service of process will be granted. To obtain service of process on Defendants, Plaintiff must complete and return the summons forms which the Clerk of the court will prov ide. The Clerk of the court shall send SIX (6) summons forms and SIX (6) USM-285 forms to Plaintiff together with a copy of this Memorandum and Order. Upon receipt of the completed forms, the Clerk of the court will sign the summons forms, to be forw arded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Complaint without payment of costs or fees. The Clerk of the Court is directed to set a pro se case management deadline in this case with the following text: September 7, 2010: Check for completion of service of summons.Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party along with 6 Summons and 6 USM 285 forms)(GJG)

W i l l i a m s v. Newton et al

D o c . 22

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S H A N N O N WILLIAMS, Plaintiff, v. J E F F R E Y NEWTON, Warden, et al., Defendants. ) ) ) ) ) ) ) ) ) 8 :0 9 C V 2 8 2

M EM ORANDUM AND ORDER

T h i s matter is before the court on its own motion. On January 29, 2010, the court o rd e re d Plaintiff to complete service of process on Defendants no later than June 1, 2010. (F ilin g No. 11.) On that date, the Clerk of the court sent six summons forms and six USM2 8 5 forms to Plaintiff for completion and return so that service could be completed by the U n ite d States Marshal. (Id.) On February 18, 2010, and again on May 3, 2010, the court re m in d e d Plaintiff that he had until June 1, 2010, to complete service of process. (Filing N o s . 17 and 19.) On June 4, 2010, Plaintiff sent three USM-285 forms, for Defendants Newton, Korbet, a n d Colbert, to the Clerk of the court. (Filing No. 21.) Plaintiff did not sign these three U S M -2 8 5 forms, did not submit any completed summons forms, and did not submit a c o m p le te d USM-285 form for Defendants Foxhall, Stebbins, or Black. (Id.) Service can only o c c u r if Plaintiff submits a completed summons form and a completed, signed USM-285 for e a c h Defendant. This matter has been pending for nearly a year and the deadline to complete s e r v ic e of process has passed. On the court's own motion, Plaintiff will be given 60 a d d itio n a l days to serve Defendants. No additional extensions of time to complete service o f process will be granted. IT IS THEREFORE ORDERED that: 1. P la in tif f shall have until September 7, 2010, to complete service of process on

th e remaining Defendants. In the event that Plaintiff fails to complete service of process by

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th a t date, this matter will be dismissed without prejudice and without further notice. No a d d itio n a l extensions of time to complete service of process will be granted. 2. T o obtain service of process on Defendants, Plaintiff must complete and return

th e summons forms which the Clerk of the court will provide. The Clerk of the court shall s e n d SIX (6) summons forms and SIX (6) USM-285 forms to Plaintiff together with a copy o f this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and s e n d the completed forms back to the Clerk of the court. In the absence of the forms, service o f process cannot occur. 3. U p o n receipt of the completed forms, the Clerk of the court will sign the

s u m m o n s forms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal f o r service of process. The Marshal shall serve the summons and Amended Complaint w ith o u t payment of costs or fees. The Clerk of the court will copy the Amended Complaint, a n d Plaintiff does not need to do so. 4. U p o n completion of service of process, a defendant has twenty (20) days after

re c e ip t of the summons to answer or otherwise respond to a complaint. 5. s u m m o n s ." D A T E D this 7 th day of July, 2010. B Y THE COURT: T h e Clerk of the Court is directed to set a pro se case management deadline in

th is case with the following text: "September 7, 2010: Check for completion of service of

s / Joseph F. Bataillon Chief United States District Judge

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