Thomas v. Shinseki

Filing 9

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: To obtain service of process on Defendant, Plaintiff must complete and return the summons form that the Clerk of the court will provide. The Clerk of the court shall send one summons form and one 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 ca nnot occur. 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 Co mplaint 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 Marshal. The Clerk of the court will copy the Amended Complaint, and Plaintiff does n ot 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 result in dismissal of this matter without further notice as to such defendant. A defendant has 2 1 days after receipt of the summons to answer or otherwise respond to a complaint. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: "May 7, 2013: 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 his current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICKEY THOMAS,
Plaintiff,
v.
ERICK SHINSEKI, Secretary,
Department of Veterans Affairs
Agency,
Defendant.

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8:12CV309

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On October 12, 2012, 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 November 5, 2012. (Filing
No. 8.) After reviewing the Amended Complaint, the court finds that Plaintiff has
complied with its October 12 Memorandum and Order, and that service on Defendant
is now warranted.
IT IS THEREFORE ORDERED that:
1.
To obtain service of process on Defendant, Plaintiff must complete and
return the summons form that the Clerk of the court will provide. The Clerk of the
court shall send one summons form and one 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 Federal Rule of Civil Procedure 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.
Federal Rule of Civil Procedure 4 requires service of the complaint on a
defendant within 120 days of filing the complaint. However, because in this order
Plaintiff is informed for the first time of these requirements, 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 21 days after
receipt of the summons to answer or otherwise respond to a complaint.
5.
The Clerk of the court is directed to set a pro se case management
deadline in this case with the following text: “May 7, 2013: Check for completion of
service of summons.”
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.

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DATED this 8th day of January, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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