Grant v. York et al
Filing
13
ORDER signed by Magistrate Judge William E Duffin on 8/13/2018. The court ORDERS the United States Marshal to serve a copy of the amended complaint (ECF No. 9 ), the court's screening order (ECF No. 12 ), and this order on defendant Ann Yor k under Federal Rule of Civil Procedure 4. The court ORDERS defendant Ann York to file a responsive pleading to the amended complaint. The court ORDERS that the parties may not begin discovery until after the court enters a scheduling order setting deadlines for discovery and dispositive motions. (cc: all counsel, to plaintiff via USPS)(mlm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DEMETRIS GRANT,
Plaintiff,
v.
ANN YORK,
Defendant.
Case No. 18‐CV‐41
ORDER
Plaintiff Demetris Grant, who is representing himself, filed a complaint under 42
U.S.C. § 1983, alleging that his constitutional rights were violated. On May 24, 2018, the
court screened Grant’s amended complaint and allowed him to proceed on a deliberate
indifference claim against Ann York. The court ordered the clerk’s office to electronically
send copies of Grant’s amended complaint and the court’s screening order to Milwaukee
County for service on York, pursuant to an informal service agreement between
Milwaukee County and this court. The court also ordered York to file a responsive
pleading to the amended complaint within sixty days.
York did not timely respond to the amended complaint. The court contacted
Milwaukee County and learned that it would not accept service on York’s behalf because
she is not a Milwaukee County employee. Because Milwaukee County failed to promptly
notify the court of its refusal to accept service on York’s behalf, York has yet to be served
with Grant’s amended complaint.
Accordingly, the court ORDERS the United States Marshal to serve a copy of the
amended complaint (ECF No. 9), the court’s screening order (ECF No. 12), and this order
on defendant Ann York under Federal Rule of Civil Procedure 4. Congress requires the
U.S. Marshals Service to charge for making or attempting such service. 28 U.S.C. §
1921(a). Although Congress requires the court to order service by the U.S. Marshals
Service, it has not made any provision for either the court or the U.S. Marshals Service to
waive these fees. The current fee for waiver‐of‐service packages is $8.00 per item mailed.
The full fee schedule is provided at 28 C.F.R. §§ 0.114(a)(2), (a)(3). The U.S. Marshals will
give Grant information on how to remit payment. The court is not involved in collection
of the fee.
The court ORDERS defendant Ann York to file a responsive pleading to the
amended complaint.
The court ORDERS that the parties may not begin discovery until after the court
enters a scheduling order setting deadlines for discovery and dispositive motions.
Dated at Milwaukee, Wisconsin this 13th day of August, 2018.
WILLIAM E. DUFFIN
U.S. Magistrate Judge
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