Landers v. Nebraska Department of Corrections et al

Filing 24

MEMORANDUM AND ORDER - Plaintiff's Motion to Compel (Filing No. 18 ) is denied as moot and without prejudice to reassertion should Plaintiff become aware of additional members of the Review Team who have not been identified. Plaintiff's Du e Process, Eighth Amendment, and state law claims will proceed to service of process against the following Review Team members in their official and individual capacities: J. Beaty, Research Representative; C. Connelly, Intelligence Representative; M . Rothwell, Classification Representative; S. Bryant, PsyD, Mental Health Representative. For service of process on Defendants J. Beaty, C. Connelly, M. Rothwell, and S. Bryant in their official capacities, the clerk of the court is directed to compl ete 4 summons forms and 4 USM-285 forms for Defendants Beaty, Connelly, Rothwell, and Bryant using the address "Office of the Nebraska Attorney General, 2115 State Capitol, Lincoln, NE 68509," and forward them together with a copy of the Co mplaint (Filing No. 1 ) and a copy of this Memorandum and Order to the Marshals Service. The Marshals Service shall serve Defendants Beaty, Connelly, Rothwell, and Bryant in their official capacities at the office of the Nebraska Attorney General, 2 115 State Capitol, Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Reissue 2016). The United States Marshal shall serve all process in this case without prepayment of fees from Plaintiff. The clerk of the court is directed to add the individuals named in Paragraph 2 as defendants in this matter. The clerk of the court is further directed to terminate "Members of the Central Office Multi-Disciplinary Review Team" as a defendant. The cler k of the court is directed to set the following pro se case management deadline: June 19, 2018: check for completion of service of process. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(Copy provided to USM with 4 completed summons and 4 USM-285) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DYLAN ERIC LANDERS,
Plaintiff,

8:17CV371

vs.
SCOTT FRAKES, DIANE SABATKARINE, and MEMBERS OF THE
CENTRAL OFFICE MULTIDISCIPLINARY REVIEW TEAM,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s Motion to Compel (Filing No.
18) filed on March 8, 2018, asking the court to compel the Nebraska Department
of Correctional Services to provide the names and addresses of the individual
members of the Central Office Multi-Disciplinary Review Team (hereinafter “the
Review Team”). Subsequently, on March 9, 2018, Plaintiff filed a document
indicating he had been provided the names of the individual members of the
Review Team. (Filing No. 19.) The individual Review Team members identified
by Plaintiff are Diane Sabatka-Rine, Chair-Deputy Director-Operations; J. Beaty,
Research Representative; C. Connelly, Intelligence Representative; M. Rothwell,
Classification Representative; S. Bryant, PsyD, Mental Health Representative; and
Scott Frakes, Director.
In accordance with the court’s Memorandum and Order dated February 27,
2018 (Filing No. 16), Plaintiff has provided to the court the names of the individual
Review Team members. Accordingly,

IT IS ORDERED that:
1.
Plaintiff’s Motion to Compel (Filing No. 18) is denied as moot and
without prejudice to reassertion should Plaintiff become aware of additional
members of the Review Team who have not been identified.
2.
Plaintiff’s Due Process, Eighth Amendment, and state law claims will
proceed to service of process against the following Review Team members in their
official and individual capacities: J. Beaty, Research Representative; C. Connelly,
Intelligence Representative; M. Rothwell, Classification Representative; S. Bryant,
PsyD, Mental Health Representative.1
3.
For service of process on Defendants J. Beaty, C. Connelly, M.
Rothwell, and S. Bryant in their official capacities, the clerk of the court is directed
to complete 4 summons forms and 4 USM-285 forms for Defendants Beaty,
Connelly, Rothwell, and Bryant using the address “Office of the Nebraska
Attorney General, 2115 State Capitol, Lincoln, NE 68509,” and forward them
together with a copy of the Complaint (Filing No. 1) and a copy of this
Memorandum and Order to the Marshals Service. The Marshals Service shall
serve Defendants Beaty, Connelly, Rothwell, and Bryant in their official
capacities at the office of the Nebraska Attorney General, 2115 State Capitol,
Lincoln, NE 68509. See Federal Rule of Civil Procedure 4(j)(2); Neb. Rev. Stat. §
25-510.02 (Reissue 2016). 2
1

Service of process has already been issued on Scott Frakes and Diane Sabatka-Rine in
their official and individual capacities.
2

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

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4.
For service of process on Defendants J. Beaty, C. Connelly, M.
Rothwell, and S. Bryant in their individual capacities, the clerk of the court is
directed to complete 4 summons forms and 4 USM-285 forms for Defendants
Beaty, Connelly, Rothwell, and Bryant using the address “Central Office, 801
West Prospector Place, Lincoln, NE 68522,” and forward them together with a
copy of the Complaint (Filing No. 1) and a copy of this Memorandum and Order to
the Marshals Service. The Marshals Service shall serve Defendants Beaty,
Connelly, Rothwell, and Bryant personally in their individual capacities at the
Central Office, 801 West Prospector Place, Lincoln, NE 68522. 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).
5.
The United States Marshal shall serve all process in this case without
prepayment of fees from Plaintiff.
6.
The clerk of the court is directed to add the individuals named in
Paragraph 2 as defendants in this matter. The clerk of the court is further directed
to terminate “Members of the Central Office Multi-Disciplinary Review Team” as
a defendant.
7.
The clerk of the court is directed to set the following pro se case
management deadline: June 19, 2018: check for completion of service of process.

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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Dated this 20th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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