O'CARROLL v. LANIGAN et al
MEMORANDUM AND ORDER that Plaintiff's Complaint shall proceed against all Defendants. ORDERED that the Clerk issue summons and the U.S. Marshal shall serve. (Memo Order, Pro Bono application, and 285 forms mailed). Signed by Judge Robert B. Kugler on 3/23/2017. (TH, ) Modified on 3/27/2017 (TH).
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 17-808 (RBK) (KMW)
COMMISSIONER GARY M. LANIGAN, et al., :
MEMORANDUM AND ORDER
Plaintiff is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. §
1983. At this time, this Court must screen the complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B)
and 1915A to determine whether it should be dismissed as frivolous or malicious, for failure to
state a claim upon which relief may granted or because it seeks monetary relief from a defendant
who is immune from suit. At this early stage of the proceedings, this Court will permit plaintiff’s
complaint to proceed past screening.
Accordingly, IT IS this 23rd day of March, 2017,
ORDERED that plaintiff’s complaint is permitted to proceed against all of the
defendants; and it is further
ORDERED that the Clerk shall mail to plaintiff a transmittal letter explaining the
procedure for completing a United States Marshal (“Marshal”) 285 Form (“USM-285 Form”);
and it is further
ORDERED that once the Marshal receives the USM-285 Forms from plaintiff and the
Marshal so alerts the Clerk, the Clerk shall issue summons in connection with each USM-285
Form that has been submitted by plaintiff, and the Marshal shall serve summons, the complaint
and this Order on the address specified on each USM-285 Form, with all costs of service
advanced by the United States1; and it is further
ORDERED that defendants shall file and serve a responsive pleading within the time
specified by Federal Rule of Civil Procedure 12; and it is further
ORDERED that pursuant to 28 U.S.C. § 1915(e)(1) and 4(a) of Appendix H of the Local
Civil Rules, the Clerk shall notify plaintiff of the opportunity to apply in writing to the assigned
judge for the appointment of pro bono counsel; and it is further
ORDERED that if at any time prior to the filing of a notice of appearance by defendants,
plaintiff seeks the appointment of pro bono counsel or other relief, pursuant to Federal Rule of
Civil Procedure 5(a) and (d), plaintiff shall (1) serve a copy of the application by regular mail
upon each party at his last known address and (2) file a Certificate of Service2; and it is further
ORDERED that the Clerk shall serve this Order on plaintiff by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
Alternatively, the U.S. Marshal may notify defendants that an action has been commenced and
request that the defendant waive personal service of a summons in accordance with Federal Rule
of Civil Procedure 4(d).
After an attorney files a notice of appearance on behalf of a defendant, the attorney will
automatically be electronically served all documents that are filed in the case.
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