Mick v. Wade et al

Filing 10

MEMORANDUM AND ORDER that the Plaintiff's Eighth Amendment claims for excessive force and deliberate indifference to Plaintiff's serious medical needs against Stephen Wade, Jr., in his individual capacity and against Douglas County m ay proceed to service of process. For service of process on Douglas County, the clerk of the court is directed to complete a summons form and a USM-285 form for defendant Douglas County using the address "Daniel A. Esch, County Clerk/Comptr oller, 1819 Farnam Street, Room H08, Omaha, NE 68183," and forward them together with a copy of the Complaint (Filing No. 1 ), the Supplemental Amended Complaint (Filing No. 9 ), and a copy of this Memorandum and Order to the Marshals Service . The Marshals Service shall serve Douglas County at Daniel A. Esch, County Clerk/Comptroller, 1819 Farnam Street, Room H08, Omaha, NE 68183. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). For service of process on defendant Stephen Wade, Jr., in his individual capacity, the clerk of the court is directed to complete a summons form and a USM-285 form for defendant Wade using the address "Douglas County Correctional Center,710 South 17th Stre et, Omaha, NE 68102," and forward them together with a copy ofthe Complaint (Filing No. 1 ), the Supplemental Amended Complaint (Filing No. 9 ), and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendant Wade personally in his individual capacity at the Douglas County Correctional Center, 710 South 17th Street, Omaha, NE 68102. Service may also be accomplished by using any of the following methods: residence, certified mail, or designated delivery service. See Federal Rule of Civil Procedure 4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016). Federal Rule of Civil Procedure 4(m) requires service of the complaint on a defendant within 120 days of filing the complaint. However, Pl aintiff 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. The United States Marshal shall serve all process in this case without prepayment of fees from Pla intiff. The clerk of the court is directed to file under seal any document containing the last-known personal addresses for the defendants. The clerk of the court is directed to set the following pro se case management deadline: January 1, 2018service of process to be completed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN E. MICK,
Plaintiff,
v.
STEPHEN WADE JR., and
DOUGLAS COUNTY,
Defendants.

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8:17CV147

MEMORANDUM
AND ORDER

Pursuant to this court’s June 26, 2017, order (Filing No. 8), Plaintiff has filed
a Supplemental Amended Complaint (Filing No. 9) that complies with the court’s
order to allege facts stating plausible Eighth Amendment claims for excessive force
and deliberate indifference to Plaintiff’s serious medical needs against Stephen Wade,
Jr., in his individual capacity and against Douglas County. Accordingly, such claims
may proceed to service of process.
IT IS ORDERED:
1.
Plaintiff’s Eighth Amendment claims for excessive force and deliberate
indifference to Plaintiff’s serious medical needs against Stephen Wade, Jr., in his
individual capacity and against Douglas County may proceed to service of process.
2.
For service of process on Douglas County, the clerk of the court is
directed to complete a summons form and a USM-285 form for defendant Douglas
County using the address “Daniel A. Esch, County Clerk/Comptroller, 1819 Farnam
Street, Room H08, Omaha, NE 68183,” and forward them together with a copy of the
Complaint (Filing No. 1), the Supplemental Amended Complaint (Filing No. 9), and
a copy of this Memorandum and Order to the Marshals Service. The Marshals
Service shall serve Douglas County at Daniel A. Esch, County

Clerk/Comptroller, 1819 Farnam Street, Room H08, Omaha, NE 68183. See
Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016).1
3.
For service of process on defendant Stephen Wade, Jr., in his individual
capacity, the clerk of the court is directed to complete a summons form and a USM285 form for defendant Wade using the address “Douglas County Correctional Center,
710 South 17th Street, Omaha, NE 68102,” and forward them together with a copy of
the Complaint (Filing No. 1), the Supplemental Amended Complaint (Filing No. 9),
and a copy of this Memorandum and Order to the Marshals Service. The Marshals
Service shall serve Defendant Wade personally in his individual capacity at the
Douglas County Correctional Center, 710 South 17th Street, Omaha, NE 68102.
Service may also be accomplished by using any of the following methods: residence,
certified mail, or designated delivery service. See Federal Rule of Civil Procedure
4(e); Neb. Rev. Stat. § 25-508.01 (Reissue 2016).
4.
Federal Rule of Civil Procedure 4(m) 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.
5.
The United States Marshal shall serve all process in this case without
prepayment of fees from Plaintiff.
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Pro se litigants proceeding in forma pauperis are entitled to rely on service by the United
States Marshals Service. Wright v. First Student, Inc., 710 F.3d 782, 783 (8th Cir. 2013). Pursuant
to 28 U.S.C. § 1915(d), in an in forma pauperis case, “[t]he officers of the court shall issue and
serve all process, and perform all duties in such cases.” See Moore v. Jackson, 123 F.3d 1082,
1085 (8th Cir. 1997) (language in § 1915(d) is compulsory). See, e.g., Beyer v. Pulaski County Jail,
589 Fed. Appx. 798 (8th Cir. 2014) (unpublished) (vacating district court order of dismissal for
failure to prosecute and directing district court to order the Marshal to seek defendant’s last-known
contact information where plaintiff contended that the Jail would have information for defendant’s
whereabouts); Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995) (when court instructs Marshal
to serve papers for prisoner, prisoner need furnish no more than information necessary to identify
defendant; Marshal should be able to ascertain defendant’s current address).
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6.
The clerk of the court is directed to file under seal any document
containing the last-known personal addresses for the defendants.
7.
The clerk of the court is directed to set the following pro se case
management deadline: January 1, 2018—service of process to be completed.
DATED this 1st day of September, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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