Evans v. First National Bank of Omaha

Filing 9

ORDER that the clerk shall send 1 summons and 1 USM-285 form to plaintiff together with a copy of this memorandum and order. Plaintiff shall send the completed forms back to the clerk. The clerk is directed to set a Pro Se Case Management Deadline for 12/15/2011: Check for completion of service of summons. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MILTON EVANS,

)
)
Plaintiff,
)
)
v.
)
)
FIRST NATIONAL BANK OF OMAHA, )
)
Defendant.
)
______________________________)

8:11CV124

ORDER

This matter is before the Court on its own motion.

On

June 21, 2011, the Court entered a memorandum and order allowing
plaintiff to amend his complaint in order to clearly state a
claim upon which relief may be granted against defendant (Filing
No. 7).

Plaintiff filed an amended complaint on July 1, 2011

(Filing No. 8).

After reviewing the amended complaint, the Court

finds that plaintiff has complied with its June 21, 2011,
memorandum and order and that service on defendant is now
warranted.
IT IS ORDERED:
1.

To obtain service of process on defendant,

plaintiff must complete and return the summons form which the
clerk of the court will provide.

The clerk of the court shall

send ONE (1) summons form and ONE (1) USM-285 form 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.

In the absence

of the forms, service of process cannot occur.
2.

Upon receipt of the completed forms, the clerk of

the court will sign the summons form, to be forwarded 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.

Service may be by

certified mail pursuant to Fed. R. Civ. P. 4 and Nebraska law in
the discretion of the Marshal.

The clerk of the court will copy

the amended complaint, and plaintiff does not need to do so.
3.

Fed. R. Civ. Pro. 4 requires service of the

complaint on a defendant within 120 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.

Plaintiff is hereby notified that failure to

obtain service of process on a defendant within 120 days of the
date of this order may result in dismissal of this matter without
further notice as to such defendant.

A defendant has twenty (20)

days after receipt of the summons to answer or otherwise respond
to a complaint.
5.

The clerk of court is directed to set a pro se

case management deadline in this case with the following text:
“December 15, 2011:

Check for completion of service of summons.”

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6.

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 his current address at all times
while this case is pending.

Failure to do so may result in

dismissal.
DATED this 22nd day of August, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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