BROWN v. COHEN et al

Filing 18

MEMORANDUM OPINION AND ORDER Directing the Clerk to resend Plaintiff a transmittal letter explaining the procedure for completing the USM-285 forms. 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, etc. Signed by Judge Noel L. Hillman on 7/16/2020. (rtm, )(nm)

Case 1:17-cv-03436-NLH-JS Document 18 Filed 07/16/20 Page 1 of 3 PageID: 103

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

NICHOLAS BROWN,
Plaintiff,

1:17-cv-3436-NLH-JS
MEMORANDUM OPINION & ORDER

v.
DR. COHEN, et al.,
Defendants.

APPEARANCE:
Nicholas Brown
4343816/4329952
Camden County Correctional Facility
330 Federal Street
Camden, NJ 08101
Plaintiff pro se
HILLMAN, District Judge
WHEREAS, Plaintiff Nicholas Brown, filed a complaint
seeking relief pursuant to 42 U.S.C. § 1983, see ECF No. 1; and
WHEREAS, the Court permitted the complaint to proceed in
part on April 16, 2018, see ECF No. 6; and
WHEREAS, Plaintiff submitted an amended complaint on August
15, 2018, see ECF No. 11; and
WHEREAS, the Court administratively terminated the
complaint on October 17, 2019 under Rule 10.1, ECF No. 15; and
WHEREAS, Plaintiff wrote to the Court on July 7, 2020
asking to reopen his complaint, see ECF No. 17,

Case 1:17-cv-03436-NLH-JS Document 18 Filed 07/16/20 Page 2 of 3 PageID: 104

THEREFORE, IT IS on this

16th

day of July, 2020

ORDERED that the Clerk shall reopen this matter; and it is
further
ORDERED that the Clerk shall resend to Plaintiff a
transmittal letter explaining the procedure for completing
Unites States Marshal (“Marshal”) 285 Forms (“USM-285 Forms”);
and it is further
ORDERED that, once the Marshal receives the USM-285 Form(s)
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 Amended Complaint, and this Order to
the address specified on each USM-285 Form, with all costs of
service advanced by the United States 1; and it is further
ORDERED that Defendant(s) shall file and serve a responsive
pleading within the time specified by Federal Rule of Civil
Procedure 12; 2 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

1

Alternatively, the U.S. Marshal may notify Defendant(s) that an
action has been commenced and request that the defendant(s)
waive personal service of a summons in accordance with Fed. R.
Civ. P. 4(d).
2

Nothing in this shall be construed to prevent Defendants from
raising any available affirmative defenses.
2

Case 1:17-cv-03436-NLH-JS Document 18 Filed 07/16/20 Page 3 of 3 PageID: 105

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 Defendant(s), Plaintiff seeks the
appointment of pro bono counsel or other relief, pursuant to
Fed. R. Civ. P. 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 Service 3; and it is
finally
ORDERED that the Clerk of the Court shall send a copy of
this Order to Plaintiff by regular U.S. mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

3

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.
3